1 00:00:00,000 --> 00:00:02,280 >> All right. 2 00:00:02,280 --> 00:00:10,380 >> All right, it is now 5.30 p.m. on Monday, July 8, 2024. 3 00:00:10,380 --> 00:00:13,020 This is the board of ethics meeting 4 00:00:13,020 --> 00:00:17,460 and I am calling this meeting to order. 5 00:00:17,460 --> 00:00:21,460 So we do not have any presentation 6 00:00:21,460 --> 00:00:22,760 for the members of public. 7 00:00:22,760 --> 00:00:26,460 We do have someone who will speak before one of the items. 8 00:00:26,460 --> 00:00:32,340 So we'll start with item A, BLE24-23, 9 00:00:32,340 --> 00:00:37,680 consider approval of minutes from June 3, 2024. 10 00:00:37,680 --> 00:00:40,240 Any concerns about the minutes? 11 00:00:40,240 --> 00:00:41,640 >> I move. 12 00:00:41,640 --> 00:00:46,320 >> So Zeltner, David Zeltner moves to accept them. 13 00:00:46,320 --> 00:00:47,180 >> I'll second. 14 00:00:47,180 --> 00:00:50,120 >> And Dustin Palak is moving to accept them. 15 00:00:50,120 --> 00:00:51,560 All in favor? 16 00:00:51,560 --> 00:00:52,600 >> Aye. 17 00:00:52,600 --> 00:00:54,460 >> It's unanimous. 18 00:00:54,460 --> 00:00:59,760 So I want to move to BLE24-26. 19 00:00:59,760 --> 00:01:02,400 I would like to suggest that we postpone this item 20 00:01:02,400 --> 00:01:05,440 until the end of the meeting so that we can talk 21 00:01:05,440 --> 00:01:07,700 about everything else first. 22 00:01:07,700 --> 00:01:11,740 So I guess we would need a motion for that if you guys agree. 23 00:01:11,740 --> 00:01:18,140 This is where we would talk about future meeting topics. 24 00:01:18,140 --> 00:01:19,380 So who is that? 25 00:01:19,380 --> 00:01:20,680 >> You can make that decision as a chair. 26 00:01:20,680 --> 00:01:21,980 >> Oh, okay, I mean, I just made that decision. 27 00:01:21,980 --> 00:01:23,760 >> Or you can entertain a motion if you prefer. 28 00:01:23,760 --> 00:01:25,520 >> I'm addicted or I'm doing it. 29 00:01:25,520 --> 00:01:28,760 Okay? So, yeah. 30 00:01:28,760 --> 00:01:31,000 >> You want to be seen first then? 31 00:01:31,000 --> 00:01:32,500 >> Item C first then? 32 00:01:32,500 --> 00:01:37,540 >> Yeah, so now we're down to item C, BLE24-025. 33 00:01:37,540 --> 00:01:41,440 And we do have someone, this is the management reports. 34 00:01:41,440 --> 00:01:44,040 So would you want to give your management report first 35 00:01:44,040 --> 00:01:46,880 and then we can let our speaker speak or? 36 00:01:46,880 --> 00:01:50,920 >> Sure. We just, the management report is really just an update 37 00:01:50,920 --> 00:01:54,220 on the 2024 packet of proposed amendments. 38 00:01:54,220 --> 00:01:59,060 Very briefly, the city council gave direction to move forward 39 00:01:59,060 --> 00:02:00,720 with one of the proposed amendments, 40 00:02:00,720 --> 00:02:05,620 which was to redefine the definition 41 00:02:05,620 --> 00:02:08,000 of relative per the board's direction. 42 00:02:08,000 --> 00:02:11,500 The other proposed changes were rejected, 43 00:02:11,500 --> 00:02:14,740 which included several items that I will not list right now, 44 00:02:14,740 --> 00:02:16,600 but you are all aware of. 45 00:02:16,600 --> 00:02:21,040 So you can answer questions about the meeting, but this is time 46 00:02:21,040 --> 00:02:22,420 for you all to talk about it as well. 47 00:02:22,420 --> 00:02:23,820 >> Yeah. Okay. 48 00:02:23,820 --> 00:02:27,280 So I would like to call -- oh. 49 00:02:27,280 --> 00:02:28,720 >> One question. 50 00:02:28,720 --> 00:02:29,780 I missed part of that. 51 00:02:29,780 --> 00:02:33,720 I left one of my pages at home, so I'm sorry. 52 00:02:33,720 --> 00:02:36,760 The burden of proof, is that over with or is that? 53 00:02:36,760 --> 00:02:39,020 >> The council did not accept that amendment. 54 00:02:39,020 --> 00:02:41,460 There's nothing that prohibits the board 55 00:02:41,460 --> 00:02:42,900 from bringing a similar amendment 56 00:02:42,900 --> 00:02:45,900 to the city council at a different, a later time. 57 00:02:45,900 --> 00:02:49,180 But there were four votes, and so for now, it's -- 58 00:02:49,180 --> 00:02:51,140 >> Well, it was presented to the city council. 59 00:02:51,140 --> 00:02:53,380 >> They really didn't even talk about it. 60 00:02:53,380 --> 00:02:57,540 They talked about other things instead, so. 61 00:02:57,540 --> 00:02:59,620 They kind of talked about it, but -- 62 00:02:59,620 --> 00:03:01,820 >> I don't believe they actually took a vote. 63 00:03:01,820 --> 00:03:04,360 >> Well, they're not allowed to vote during work session. 64 00:03:04,360 --> 00:03:06,620 They give direction, so they did not give direction 65 00:03:06,620 --> 00:03:10,300 to move forward with that proposed change. 66 00:03:10,300 --> 00:03:12,460 >> So four head nods is still on our agenda. 67 00:03:12,460 --> 00:03:14,440 At some point then, we can still -- 68 00:03:14,440 --> 00:03:16,740 >> I believe that one of the council members said, 69 00:03:16,740 --> 00:03:19,200 "Bring us back something better," 70 00:03:19,200 --> 00:03:22,980 but I was not clear what he said. 71 00:03:22,980 --> 00:03:26,820 What he meant by that, and there's no clarification here. 72 00:03:26,820 --> 00:03:29,820 >> There is concern from the council during the discussion 73 00:03:29,820 --> 00:03:34,480 on that item about the process being able 74 00:03:34,480 --> 00:03:39,560 to be used inappropriately, essentially. 75 00:03:39,560 --> 00:03:42,600 >> Which has happened, but I thought we had kind 76 00:03:42,600 --> 00:03:46,040 of cleared that up. 77 00:03:46,040 --> 00:03:47,240 >> Well, then, just a quick follow-up. 78 00:03:47,240 --> 00:03:51,940 Then, now or later, is there a future meeting scheduled 79 00:03:51,940 --> 00:03:55,140 with council yet to discuss this, or is that so far 80 00:03:55,140 --> 00:03:57,580 into the future that we can't -- do you know? 81 00:03:57,580 --> 00:04:00,020 >> We -- tonight, I was hoping that we could talk 82 00:04:00,020 --> 00:04:03,080 about what our options are, and what are the best ways 83 00:04:03,080 --> 00:04:06,320 of moving forward, so that's -- 84 00:04:06,320 --> 00:04:07,760 >> So they've not scheduled anything 85 00:04:07,760 --> 00:04:10,660 to follow up on what you -- okay. 86 00:04:10,660 --> 00:04:14,600 >> The only thing that -- and it's not currently scheduled. 87 00:04:14,600 --> 00:04:19,740 They gave direction to accept your amendment 88 00:04:19,740 --> 00:04:21,780 to change the definition of relative, so I'm working 89 00:04:21,780 --> 00:04:24,000 on drafting that language so that it will go before them 90 00:04:24,000 --> 00:04:28,580 for adoption during a future meeting. 91 00:04:28,580 --> 00:04:31,720 >> But they did not remove the pending matter 92 00:04:31,720 --> 00:04:33,280 from the conflict of interest, 93 00:04:33,280 --> 00:04:42,920 and they did not give any direction related about the -- 94 00:04:42,920 --> 00:04:46,460 instead they got very concerned about campaign donations, 95 00:04:46,460 --> 00:04:48,640 which wasn't even on the agenda. 96 00:04:48,640 --> 00:04:52,800 >> Yeah. So just time, generally, 97 00:04:52,800 --> 00:04:55,540 are we talking later this summer, fall, or later, 98 00:04:55,540 --> 00:04:58,480 or is there any -- I mean, I know they're awful busy, 99 00:04:58,480 --> 00:05:00,580 and I know you are, too. 100 00:05:00,580 --> 00:05:03,240 >> My understanding of the current work session matrix is 101 00:05:03,240 --> 00:05:05,720 the earliest we could get on would be the fall, currently, 102 00:05:05,720 --> 00:05:08,820 if we wanted to try to have something ready by then. 103 00:05:08,820 --> 00:05:09,260 >> Okay. 104 00:05:09,260 --> 00:05:11,320 >> For another discussion. 105 00:05:11,320 --> 00:05:18,160 >> Any other questions before we -- 106 00:05:18,160 --> 00:05:22,100 so we have a speaker here, and it is our mentor, 107 00:05:22,100 --> 00:05:24,900 and I believe she has four minutes. 108 00:05:24,900 --> 00:05:26,040 >> It's three. 109 00:05:26,040 --> 00:05:26,800 >> She has three. 110 00:05:26,800 --> 00:05:31,640 Okay. And she's a former council person. 111 00:05:31,640 --> 00:05:34,980 It was on the council when this code was passed, 112 00:05:34,980 --> 00:05:39,340 so I'm interested in hearing what she has to say. 113 00:05:39,340 --> 00:05:46,360 >> Hi. My name is Debra Armentar, 114 00:05:46,360 --> 00:05:50,060 and my address is 2003, Mr. Blaine. 115 00:05:50,060 --> 00:05:56,500 I wanted to thank this board 116 00:05:56,500 --> 00:06:03,740 for the very reasonable recommendations that you made 117 00:06:03,740 --> 00:06:06,740 to the city council on conflict of interest 118 00:06:06,740 --> 00:06:10,740 and burden of proof. 119 00:06:10,740 --> 00:06:16,280 As Vanetta mentioned, I'm a former city council member, 120 00:06:16,280 --> 00:06:20,760 so I've been on that side of dais, 121 00:06:20,760 --> 00:06:25,660 and I don't pretend to be perfect, 122 00:06:25,660 --> 00:06:29,640 but even from that side of the dais, my rule was 123 00:06:29,640 --> 00:06:33,100 to always regard questions of ethics ordinance, 124 00:06:33,100 --> 00:06:35,580 not from my point of view, but from the point 125 00:06:35,580 --> 00:06:38,180 of view of the public who I serve. 126 00:06:38,180 --> 00:06:46,040 In fact, that is the whole -- or should be the guiding rationale 127 00:06:46,040 --> 00:06:49,480 behind every decision regarding an ethics ordinance. 128 00:06:49,480 --> 00:06:54,360 So it is -- it was very sad and frustrating for me to see 129 00:06:54,360 --> 00:06:59,760 after all of your good work and your just very sensible 130 00:06:59,760 --> 00:07:10,780 and standard recommendations to see the obliquely expressed 131 00:07:10,780 --> 00:07:14,840 objections expressed in the form of, you know, 132 00:07:14,840 --> 00:07:18,520 this could be difficult for council members 133 00:07:18,520 --> 00:07:19,620 or for city officials. 134 00:07:19,620 --> 00:07:22,720 This could be uncomfortable for city officials. 135 00:07:22,720 --> 00:07:29,200 So that was really disappointing to me. 136 00:07:29,200 --> 00:07:32,320 I don't know how helpful it is for you to hear that. 137 00:07:32,320 --> 00:07:35,900 I might just be preaching to the converted, but I do want you 138 00:07:35,900 --> 00:07:41,540 to know that your work is really appreciated by me, 139 00:07:41,540 --> 00:07:45,900 and there are people watching, even though I know 140 00:07:45,900 --> 00:07:48,840 that it probably feels like nobody's watching 141 00:07:48,840 --> 00:07:52,520 and nobody appreciates -- it's very unglamorous work, 142 00:07:52,520 --> 00:07:55,120 but it's extremely important work. 143 00:07:55,120 --> 00:07:57,760 See how much more time do I have? 144 00:07:57,760 --> 00:07:58,920 >> About 52 seconds. 145 00:07:58,920 --> 00:08:02,120 >> Okay. In my last 52 seconds, I'll say, you know, 146 00:08:02,120 --> 00:08:05,160 it's no secret that when I was on council, you know, 147 00:08:05,160 --> 00:08:09,560 I believed and advocated for a repeal and replace 148 00:08:09,560 --> 00:08:11,240 of the entire ethics ordinance. 149 00:08:11,240 --> 00:08:16,280 To me, that was the easiest way to fix its many problems. 150 00:08:16,280 --> 00:08:19,480 At that time, a council majority, 151 00:08:19,480 --> 00:08:21,380 and I'm guessing still a council majority, 152 00:08:21,380 --> 00:08:23,520 might be opposed to that. 153 00:08:23,520 --> 00:08:30,080 I still think that that's the correct solution, but in lieu 154 00:08:30,080 --> 00:08:34,420 of that, the next best thing to do is to try 155 00:08:34,420 --> 00:08:36,660 to revise the ordinance to make it more 156 00:08:36,660 --> 00:08:40,240 like a standard ethics ordinance. 157 00:08:40,240 --> 00:08:45,340 We have, as the consultants once said about our ordinance, 158 00:08:45,340 --> 00:08:48,900 a very unique ethics ordinance. 159 00:08:48,900 --> 00:08:52,820 You may have even said the most unique you've ever seen. 160 00:08:52,820 --> 00:08:54,320 Sometimes unique is good. 161 00:08:54,320 --> 00:08:56,380 Yeah, in this case, it is not good. 162 00:08:56,380 --> 00:09:01,720 We do not want to have a unique ethics ordinance. 163 00:09:01,720 --> 00:09:06,020 We need to make it more like other ethics ordinances, 164 00:09:06,020 --> 00:09:08,520 and that's what your recommendations did. 165 00:09:08,520 --> 00:09:13,800 I hope that you continue pushing forward in the spirit 166 00:09:13,800 --> 00:09:18,200 of these revisions, and I look forward to hearing, 167 00:09:18,200 --> 00:09:22,100 and I'm sure other members of the public, too, 168 00:09:22,100 --> 00:09:27,880 would like to hear from you what we can do to help y'all. 169 00:09:27,880 --> 00:09:30,420 I wrote to council before the meeting, 170 00:09:30,420 --> 00:09:33,920 asked them to take your recommendations, 171 00:09:33,920 --> 00:09:38,920 and I got to thank you for your comments, and that was that. 172 00:09:38,920 --> 00:09:42,020 So thank you so much. 173 00:09:42,020 --> 00:09:43,360 >> Thank you. 174 00:09:48,460 --> 00:09:53,400 >> Dr. Armentor, I have a blind question. 175 00:09:53,400 --> 00:09:55,580 >> Sure, sure. 176 00:09:55,580 --> 00:10:01,080 >> From your experience and what you know about city officials 177 00:10:01,080 --> 00:10:04,480 and city government, what do you think is the best way forward 178 00:10:04,480 --> 00:10:09,880 for us, because that's what I want to think about tonight? 179 00:10:09,880 --> 00:10:11,760 >> That's a really good question. 180 00:10:11,760 --> 00:10:16,600 I was asking you all that question. 181 00:10:16,600 --> 00:10:18,400 I want to know, too. 182 00:10:18,400 --> 00:10:20,700 I wish I knew. 183 00:10:20,700 --> 00:10:28,700 I just have to be honest and say, you know, I don't know. 184 00:10:28,700 --> 00:10:32,540 I think it depends on the council and the council members, 185 00:10:32,540 --> 00:10:44,220 but I do know that presenting rational arguments 186 00:10:44,220 --> 00:10:47,260 and explaining why they're correct 187 00:10:47,260 --> 00:10:51,160 and why objections are wrong doesn't always work. 188 00:10:51,160 --> 00:10:52,960 That's what should work, right? 189 00:10:52,960 --> 00:10:54,660 Next time we'll come back and we'll explain this 190 00:10:54,660 --> 00:10:57,700 and we'll explain that. 191 00:10:57,700 --> 00:11:00,540 So I would be lying if I said, oh, well, just, you know, 192 00:11:00,540 --> 00:11:04,240 make some more arguments, and that will definitely get them 193 00:11:04,240 --> 00:11:10,140 to see what is good for Denton, not just the public, 194 00:11:10,140 --> 00:11:13,120 but good for our government to avoid the appearance 195 00:11:13,120 --> 00:11:16,520 of conflict of interest, which, again, is what it's all about, 196 00:11:16,520 --> 00:11:18,360 as you all know, about avoiding the appearance 197 00:11:18,360 --> 00:11:19,320 of conflict of interest. 198 00:11:19,320 --> 00:11:27,460 It's not about pointing fingers and being suspicious 199 00:11:27,460 --> 00:11:32,100 of everybody, it's about trust, the public trust. 200 00:11:32,100 --> 00:11:35,940 So anyway, I'm really sorry I have a lousy answer 201 00:11:35,940 --> 00:11:37,180 to that question. 202 00:11:37,180 --> 00:11:40,780 I am wondering the same thing myself. 203 00:11:40,780 --> 00:11:42,020 >> Do you have a question? 204 00:11:42,020 --> 00:11:43,740 >> I don't have a question for Dr. Armitage. 205 00:11:43,740 --> 00:11:49,560 I have a question for us, more for you than for anybody else. 206 00:11:49,560 --> 00:11:51,880 >> Well, let me say, I'm assuming 207 00:11:51,880 --> 00:11:56,520 that everybody has had a chance to look at the video. 208 00:11:56,520 --> 00:11:59,420 Did you get to look at it? 209 00:11:59,420 --> 00:12:00,560 >> I did not look at it, no. 210 00:12:00,560 --> 00:12:01,600 >> Okay. 211 00:12:01,600 --> 00:12:03,160 >> Which one, council? 212 00:12:03,160 --> 00:12:05,940 >> The day we went to council and what they had to say. 213 00:12:05,940 --> 00:12:06,740 >> The council video. 214 00:12:06,740 --> 00:12:07,040 >> Right. 215 00:12:07,040 --> 00:12:07,740 >> Yeah, okay. 216 00:12:07,740 --> 00:12:09,380 >> So you did and you didn't. 217 00:12:09,380 --> 00:12:10,840 What fill you in, Andrea? 218 00:12:10,840 --> 00:12:15,440 >> My question is beyond that part. 219 00:12:15,440 --> 00:12:17,520 Is there room for discussion at this point? 220 00:12:17,520 --> 00:12:18,380 >> There will be. 221 00:12:18,380 --> 00:12:21,180 What I wanted to do is kind of go around Robin 222 00:12:21,180 --> 00:12:23,080 and just start with each person. 223 00:12:23,080 --> 00:12:26,520 I wanted to ask Dustin first because he was actually 224 00:12:26,520 --> 00:12:29,560 in the room and then we'll start with David 225 00:12:29,560 --> 00:12:31,560 and we'll end up with you. 226 00:12:31,560 --> 00:12:35,000 So each one of you will be able to tell us what you're thinking 227 00:12:35,000 --> 00:12:37,340 about and what you think the options are. 228 00:12:37,340 --> 00:12:39,500 So, Dustin. 229 00:12:39,500 --> 00:12:40,980 >> I can start. 230 00:12:40,980 --> 00:12:45,840 So I attended the work session and then a few days later, 231 00:12:45,840 --> 00:12:50,220 I went back and watched the video of the work session to try 232 00:12:50,220 --> 00:12:54,720 and make sure I understand how the discussion was going. 233 00:12:54,720 --> 00:12:57,320 I'll start in general. 234 00:12:57,320 --> 00:13:00,820 It sounded like from most of the discussion in the room 235 00:13:00,820 --> 00:13:07,800 that there was concern about how this would affect their ability 236 00:13:07,800 --> 00:13:10,460 to conduct business as council members. 237 00:13:10,460 --> 00:13:14,340 Most of the criticisms of the language we used started 238 00:13:14,340 --> 00:13:19,080 with a hypothetical of what if this happened 239 00:13:19,080 --> 00:13:22,480 for someone coming into my business 240 00:13:22,480 --> 00:13:26,420 and then they do some small amount of, we do some small amount 241 00:13:26,420 --> 00:13:29,160 of work for this person and then they're going 242 00:13:29,160 --> 00:13:32,260 to bring something before council later on 243 00:13:32,260 --> 00:13:34,320 which would then be a pending matter. 244 00:13:34,320 --> 00:13:35,720 So they were kind of focused 245 00:13:35,720 --> 00:13:38,600 on the pending matter thing still even though some 246 00:13:38,600 --> 00:13:43,240 of our proposed amendments addressed those concerns. 247 00:13:43,240 --> 00:13:47,500 But the discussion was they were concerned 248 00:13:47,500 --> 00:13:50,400 that this would be weaponized against them 249 00:13:50,400 --> 00:13:55,720 so someone would intentionally, the word they used was gag them 250 00:13:55,720 --> 00:13:59,240 for a period of two years on the council. 251 00:13:59,240 --> 00:14:02,720 That is absolutely not what our intentions were 252 00:14:02,720 --> 00:14:06,760 as a board I don't think would definitely wasn't mine. 253 00:14:06,760 --> 00:14:08,700 I don't believe it was anybody else's. 254 00:14:08,700 --> 00:14:10,220 >> There would be a way to, yeah. 255 00:14:10,220 --> 00:14:11,960 >> We would put anything in there to do that. 256 00:14:11,960 --> 00:14:14,600 >> That one of the sanctions would be considered. 257 00:14:14,600 --> 00:14:20,040 >> We talked multiple times about the weaponization 258 00:14:20,040 --> 00:14:23,140 of the ordinance in the past and it was interesting 259 00:14:23,140 --> 00:14:25,700 because that was used in a different way 260 00:14:25,700 --> 00:14:28,780 for the last ethics complaint that was heard by the board. 261 00:14:28,780 --> 00:14:32,680 What they described in their hypothetical was intentionally 262 00:14:32,680 --> 00:14:40,560 using this prior business against them to prevent them 263 00:14:40,560 --> 00:14:45,260 from considering something before the council. 264 00:14:45,260 --> 00:14:49,000 I understand that concept. 265 00:14:49,000 --> 00:14:54,240 We had multiple discussions about dollar limits of, you know, 266 00:14:54,240 --> 00:14:58,380 value of goods or services exchanged and we all agreed 267 00:14:58,380 --> 00:15:01,580 in our multiple meetings that we had 268 00:15:01,580 --> 00:15:05,340 that placing a dollar value on that would be very difficult 269 00:15:05,340 --> 00:15:09,820 because a threshold value makes it a little bit harder 270 00:15:09,820 --> 00:15:14,080 to exercise judgment as a board in reviewing some of these. 271 00:15:14,080 --> 00:15:22,520 I found there were some concerns about reputational benefit 272 00:15:22,520 --> 00:15:25,960 and the hypothetical in that case was if someone gets an award 273 00:15:25,960 --> 00:15:30,400 from a non-profit entity would they have a conflict of interest 274 00:15:30,400 --> 00:15:33,000 if they had business before the council? 275 00:15:33,000 --> 00:15:35,580 What about having dinner at a restaurant? 276 00:15:35,580 --> 00:15:39,820 What if someone that works there now has a matter before council 277 00:15:39,820 --> 00:15:43,520 and then that series of hypotheticals ended 278 00:15:43,520 --> 00:15:46,880 with the question of are there any attorneys on the board 279 00:15:46,880 --> 00:15:52,320 of ethics which I found to be very frustrating. 280 00:15:52,320 --> 00:15:56,360 A comment that sounded to me like a criticism 281 00:15:56,360 --> 00:15:59,460 of the work that this board has done. 282 00:15:59,460 --> 00:16:11,080 That was by council member Jester who I think, hopefully, 283 00:16:11,080 --> 00:16:14,920 as a new council member she'll get to go 284 00:16:14,920 --> 00:16:18,560 through the ethics training and familiarize herself 285 00:16:18,560 --> 00:16:21,660 with our ethics ordinance, how it's written 286 00:16:21,660 --> 00:16:26,260 and why we made our proposed amendments to the ordinance. 287 00:16:26,260 --> 00:16:30,460 Council member Bird was very hopeful in trying 288 00:16:30,460 --> 00:16:40,740 to maybe calm some of the concerns about the defensiveness 289 00:16:40,740 --> 00:16:44,380 that I was hearing in the room and relay the story 290 00:16:44,380 --> 00:16:46,280 about how she was a member of a non-profit 291 00:16:46,280 --> 00:16:49,140 and they wanted to use a city facility. 292 00:16:49,140 --> 00:16:52,920 She described coming before the board to get that review. 293 00:16:52,920 --> 00:16:56,860 I guess in actuality I don't believe she came before the 294 00:16:56,860 --> 00:17:01,960 board, I think she asked for a panel which she did not have 295 00:17:01,960 --> 00:17:06,960 to attend, the only effort was send an email to Madison. 296 00:17:06,960 --> 00:17:09,900 We convened a panel, we reviewed that and offered it. 297 00:17:09,900 --> 00:17:13,940 So I think that was something that was very unclear 298 00:17:13,940 --> 00:17:15,400 to some of the members of the council 299 00:17:15,400 --> 00:17:17,480 that were very critical of our amendments 300 00:17:17,480 --> 00:17:22,840 that this is not meant to be a burden for them. 301 00:17:22,840 --> 00:17:29,920 The ethics ordinance is meant, as our speaker perfectly said, 302 00:17:29,920 --> 00:17:34,620 this is to allow for some transparency 303 00:17:34,620 --> 00:17:36,060 in our local government. 304 00:17:36,060 --> 00:17:39,900 It's not meant to be a burden on them and I think the volunteers 305 00:17:39,900 --> 00:17:44,840 on this board have tried to make that possible by clearing 306 00:17:44,840 --> 00:17:47,200 up some of the things that are very confusing on this 307 00:17:47,200 --> 00:17:50,200 so that it is easier for our officials who are subjected 308 00:17:50,200 --> 00:17:54,080 to the ethics ordinance but also for the citizens 309 00:17:54,080 --> 00:17:57,640 who would potentially file a complaint. 310 00:17:57,640 --> 00:17:59,740 We've taken out or attempted 311 00:17:59,740 --> 00:18:02,460 to remove the burden of proof section. 312 00:18:02,460 --> 00:18:06,260 That was also rejected which I think after all 313 00:18:06,260 --> 00:18:08,820 of our discussions and things that we talked about, 314 00:18:08,820 --> 00:18:12,000 we all kind of agree that is, 315 00:18:12,000 --> 00:18:15,200 that burden of proof is actually a burden on the citizens 316 00:18:15,200 --> 00:18:21,600 who would like to -- yeah, it makes people not want 317 00:18:21,600 --> 00:18:26,680 to submit an ethics complaint. 318 00:18:26,680 --> 00:18:30,520 Council member Holland supported council member's gesture. 319 00:18:30,520 --> 00:18:33,480 Council member Jester's comment on the concern 320 00:18:33,480 --> 00:18:36,180 for gagging a council member for two years 321 00:18:36,180 --> 00:18:39,520 and without offering any additional discussion 322 00:18:39,520 --> 00:18:45,700 or recommendation said I am rejecting the amendment and I 323 00:18:45,700 --> 00:18:48,140 believe that was all that he provided. 324 00:18:48,140 --> 00:18:55,700 Council member Beck, he gave the direction 325 00:18:55,700 --> 00:18:58,880 to do a wholesale replacement of the conflict of interest section 326 00:18:58,880 --> 00:19:02,320 which is essentially what we tried to do by using language 327 00:19:02,320 --> 00:19:04,680 out of the model code. 328 00:19:04,680 --> 00:19:11,020 Probably council member -- I live in council member Beck's district. 329 00:19:11,020 --> 00:19:14,460 Probably one of the most frustrating things that was said 330 00:19:14,460 --> 00:19:18,260 in the meeting was that when he said they were overly tied 331 00:19:18,260 --> 00:19:21,740 to wordsmithing rather than crafting. 332 00:19:21,740 --> 00:19:24,240 >> Which is what we had to use up last time. 333 00:19:24,240 --> 00:19:30,340 >> That was his quote, I don't think we did anything 334 00:19:30,340 --> 00:19:34,140 in putting together the proposed amendments 335 00:19:34,140 --> 00:19:37,420 that I would consider wordsmithing rather than crafting. 336 00:19:37,420 --> 00:19:39,580 I think we tried to just clean up a lot of stuff 337 00:19:39,580 --> 00:19:45,360 that didn't make sense, make this easier to apply 338 00:19:45,360 --> 00:19:49,560 with a focus on transparency for our officials. 339 00:19:49,560 --> 00:19:54,960 So I don't really know what to do with that is feedback. 340 00:19:54,960 --> 00:20:01,800 If you would like to give us some guidance on how we can redo 341 00:20:01,800 --> 00:20:06,940 that conflict of interest section without wordsmithing 342 00:20:06,940 --> 00:20:13,120 and doing some more crafting, I would be very open to hear that. 343 00:20:13,120 --> 00:20:15,980 He did say that we need specificity 344 00:20:15,980 --> 00:20:18,680 on what is regular business. 345 00:20:18,680 --> 00:20:22,960 I don't think we define that in the -- 346 00:20:22,960 --> 00:20:24,860 I don't think that's defined in the ordinance. 347 00:20:24,860 --> 00:20:31,640 And I don't know that we want to do that. 348 00:20:31,640 --> 00:20:33,840 I think we spend a lot of time trying 349 00:20:33,840 --> 00:20:41,280 to decide what definition we want to put in for a reason. 350 00:20:41,280 --> 00:20:45,320 One of the other questions Council Member McGee asked us 351 00:20:45,320 --> 00:20:50,780 or asked Madison, I think, to define substantial. 352 00:20:50,780 --> 00:20:52,620 And that was a question I thought we might get 353 00:20:52,620 --> 00:20:55,500 because we intentionally did not define it. 354 00:20:55,500 --> 00:20:58,100 We did that on purpose for the same reason. 355 00:20:58,100 --> 00:20:59,600 We didn't define some of the other things. 356 00:20:59,600 --> 00:21:06,800 We did it because we want to be able to use some judgment. 357 00:21:06,800 --> 00:21:11,500 We want to be able to apply the ordinance fairly. 358 00:21:11,500 --> 00:21:14,380 And I don't think that we want things 359 00:21:14,380 --> 00:21:18,220 like what the hypothetical that Council Member Jester brought 360 00:21:18,220 --> 00:21:21,580 up about someone doing a very small amount of business 361 00:21:21,580 --> 00:21:25,180 with her firm just to gag her for a period of two years. 362 00:21:25,180 --> 00:21:28,800 I think that is the entire point of not defining 363 00:21:28,800 --> 00:21:30,920 that with a dollar amount. 364 00:21:30,920 --> 00:21:36,900 The question was also asked is any goods 365 00:21:36,900 --> 00:21:41,000 or service exchange a conflict of interest? 366 00:21:41,000 --> 00:21:42,700 The answer to that is no. 367 00:21:42,700 --> 00:21:43,740 I think we all know that. 368 00:21:43,740 --> 00:21:48,040 I think that the discussion kind of veered off and let's talk more 369 00:21:48,040 --> 00:21:51,040 about hypotheticals and not about the value 370 00:21:51,040 --> 00:21:57,860 of these amendments that were before the board. 371 00:21:57,860 --> 00:22:00,960 Mayor Esbeth did ask about personal benefit 372 00:22:00,960 --> 00:22:04,060 and he had some concern on that, ambiguity of that, 373 00:22:04,060 --> 00:22:07,560 and did ask about endorsing someone. 374 00:22:07,560 --> 00:22:11,800 I believe he was talking about in a local race 375 00:22:11,800 --> 00:22:15,840 if he could endorse someone since ratification 376 00:22:15,840 --> 00:22:19,680 of election results would eventually be a pending matter. 377 00:22:19,680 --> 00:22:24,680 So I think the idea is if he as a sitting council member, 378 00:22:24,680 --> 00:22:27,780 as mayor, endorsed another candidate and in that, 379 00:22:27,780 --> 00:22:30,520 when those election results came before council, 380 00:22:30,520 --> 00:22:32,520 that becomes a pending matter and he was worried 381 00:22:32,520 --> 00:22:34,360 that that would be a conflict of interest. 382 00:22:34,360 --> 00:22:37,960 We had already addressed the pending matter issue 383 00:22:37,960 --> 00:22:40,200 in the amendments we provided. 384 00:22:40,200 --> 00:22:42,040 That was normally discussed. 385 00:22:42,040 --> 00:22:49,300 But I understand that, but again, we have to, 386 00:22:49,300 --> 00:22:55,020 we're trying to write a general ethics code for the city 387 00:22:55,020 --> 00:22:59,620 and it's extremely difficult to address every one 388 00:22:59,620 --> 00:23:04,320 of these hypotheticals and I felt like what was different 389 00:23:04,320 --> 00:23:08,760 about these amendments that we sent to council for approval 390 00:23:08,760 --> 00:23:12,560 compared to what we sent before is that we took out a lot 391 00:23:12,560 --> 00:23:21,200 of things that made it so that we could exercise some 392 00:23:21,200 --> 00:23:25,440 reasonable, fair judgment if there is a complaint 393 00:23:25,440 --> 00:23:30,580 and we have put in some things that are intentionally meant 394 00:23:30,580 --> 00:23:36,360 to not allow people to weaponize the ethics code for any purpose. 395 00:23:36,360 --> 00:23:40,320 The only purpose of this is for transparency 396 00:23:40,320 --> 00:23:42,600 and to protect the citizens. 397 00:23:42,600 --> 00:23:49,360 I, in general, I will say that I was extremely discouraged 398 00:23:49,360 --> 00:23:53,380 by the results of that work session. 399 00:23:53,380 --> 00:23:57,040 I was discouraged by the comments that a lot 400 00:23:57,040 --> 00:24:08,360 of the council members made and I am hopeful that we can come 401 00:24:08,360 --> 00:24:13,460 up with something so that we can clean up some of the issues 402 00:24:13,460 --> 00:24:19,200 in our ordinance and that we don't spend hours and hours 403 00:24:19,200 --> 00:24:22,940 in this room trying to fix something that's broken only 404 00:24:22,940 --> 00:24:30,280 to just have our recommendations almost completely ignored. 405 00:24:30,280 --> 00:24:33,680 So those are my general comments. 406 00:24:33,680 --> 00:24:36,020 I don't have a great plan. 407 00:24:36,020 --> 00:24:40,060 >> Do you have a recommendation about what might be the best way forward? 408 00:24:40,060 --> 00:24:44,100 >> So I think the best way forward is if we choose 409 00:24:44,100 --> 00:24:52,100 to resubmit amendments on these same parts of the ordinance, 410 00:24:52,100 --> 00:24:56,540 if we can, prior to that discussion in our meeting, 411 00:24:56,540 --> 00:25:01,680 take their specific comments, there were some very, 412 00:25:01,680 --> 00:25:04,920 there were very few specific comments that they made 413 00:25:04,920 --> 00:25:07,560 that I think we can actually apply. 414 00:25:07,560 --> 00:25:13,060 And some of the criticism, maybe we can, well, 415 00:25:13,060 --> 00:25:15,560 I don't think we want to put it in the code things 416 00:25:15,560 --> 00:25:20,660 like defining substantial and personal benefit in a different way. 417 00:25:20,660 --> 00:25:24,500 I think that when we present it to them, we can tell them, 418 00:25:24,500 --> 00:25:28,880 this is not defined purposefully because of this reason. 419 00:25:28,880 --> 00:25:34,140 We have taken this language, not this wordsmith language 420 00:25:34,140 --> 00:25:38,480 that we came up with in the meeting, we pulled this from the model code 421 00:25:38,480 --> 00:25:42,760 and we can present it to them that way so that it is more clear to them 422 00:25:42,760 --> 00:25:47,100 that we are not just making things up here. 423 00:25:47,100 --> 00:25:51,460 We're trying to change, excuse me, change our ordinance 424 00:25:51,460 --> 00:25:59,200 so that it is functional and so that we are not a very unique code. 425 00:25:59,200 --> 00:26:02,180 We have something that we can actually do something with. 426 00:26:02,180 --> 00:26:11,380 I've been on this board for like three years and in that time, 427 00:26:11,380 --> 00:26:17,520 we've had one complaint that actually came before the board, 428 00:26:17,520 --> 00:26:22,300 not a panel, but the actual board. 429 00:26:22,300 --> 00:26:27,800 And that one complaint was found to be frivolous. 430 00:26:27,800 --> 00:26:34,900 And either that means our council members, our city staff, 431 00:26:34,900 --> 00:26:42,520 everyone who is subjected to the rules of this ordinance are doing a really good job 432 00:26:42,520 --> 00:26:46,020 or no one wants to deal with this. 433 00:26:46,020 --> 00:26:55,420 And I would hope it's the former, but I'm a little concerned it's more of the latter 434 00:26:55,420 --> 00:27:00,960 and that this, I mean, you look at what we have right now 435 00:27:00,960 --> 00:27:09,000 and it's very difficult to look at that and actually, as a citizen, 436 00:27:09,000 --> 00:27:11,540 figure out how do you apply them. 437 00:27:11,540 --> 00:27:23,880 And I really thought that what we had proposed was pushing it in the right direction, 438 00:27:23,880 --> 00:27:31,060 but unfortunately the council members, most of them did not agree with that. 439 00:27:31,060 --> 00:27:35,860 I would like to, sorry that was a very long one. 440 00:27:35,860 --> 00:27:40,660 I think what we can do is if we can take those comments 441 00:27:40,660 --> 00:27:44,940 and we can just clean up some of the language a little bit 442 00:27:44,940 --> 00:27:52,980 and present to them almost something very similar that addresses their criticisms 443 00:27:52,980 --> 00:27:57,880 because I don't think starting over or skipping over to some other section of the code 444 00:27:57,880 --> 00:28:02,780 that is kind of screwed up that needs work is the right thing to do. 445 00:28:02,780 --> 00:28:09,520 If we can't fix the conflict of interest section of an ethics code and get a council 446 00:28:09,520 --> 00:28:15,960 to agree on that, then I don't know what we're doing in these meetings. 447 00:28:15,960 --> 00:28:23,440 So, sorry for the long... -Thank you, Dustin. I appreciate your comments. 448 00:28:23,440 --> 00:28:26,040 We'll move on to David Zoller. 449 00:28:26,040 --> 00:28:31,480 -Well, Dustin, you've done a very excellent job of covering just about everything. 450 00:28:31,480 --> 00:28:34,580 I was not here in the room, but I was watching on TV 451 00:28:34,580 --> 00:28:42,020 and I watched the whole thing again this morning just to try and remember some of these things. 452 00:28:42,020 --> 00:28:49,300 I think that one of the things that I've probably missed the first time, 453 00:28:49,300 --> 00:28:57,640 the council of all of these have the greatest difficulty with the complex of interest A1D, 454 00:28:57,640 --> 00:29:02,440 which is this is where all the lawyers and the clients come into play. 455 00:29:02,440 --> 00:29:04,320 And I understand that completely. 456 00:29:04,320 --> 00:29:08,080 And this, to be real honest, I hadn't thought a whole lot about that 457 00:29:08,080 --> 00:29:14,260 because this model code, from my standpoint and from my years looking at this, 458 00:29:14,260 --> 00:29:18,960 was pretty inclusive and it shouldn't raise a lot of eyebrows. 459 00:29:18,960 --> 00:29:23,400 But obviously, with all due respect to the lawyers in the room, 460 00:29:23,400 --> 00:29:30,500 obviously that raised some eyebrows when this client or substantial customer came in. 461 00:29:30,500 --> 00:29:36,040 I don't know where we go from here, quite honestly, because my line in the sand, 462 00:29:36,040 --> 00:29:42,420 I thought if anything should be easily dispatched, it would be this whole burden of proof 463 00:29:42,420 --> 00:29:47,560 that took a code and weaponized it against citizens who might dare, 464 00:29:47,560 --> 00:29:52,100 dare to file a complaint against something they've heard. 465 00:29:52,100 --> 00:30:03,740 And so that to me was kind of my takeaway that if we can't repair or get rid of that burden of proof, 466 00:30:03,740 --> 00:30:08,900 I don't know where we go from here and how we repair what's happened up to now. 467 00:30:08,900 --> 00:30:14,180 There are model codes all over the United States and the state of Texas, 468 00:30:14,180 --> 00:30:20,060 and I don't understand why we're at this point right now that we have to defend stuff 469 00:30:20,060 --> 00:30:23,320 that is working everywhere else except debt. 470 00:30:23,320 --> 00:30:27,920 And so this is my frustration too, listening to what was said. 471 00:30:27,920 --> 00:30:32,300 I don't know where we go from here. 472 00:30:32,300 --> 00:30:35,460 Ms. Armentor mentioned, you know, do you amend the current code, 473 00:30:35,460 --> 00:30:39,140 or do you just tear this thing in half and start over and just go right back 474 00:30:39,140 --> 00:30:45,420 to a universal model code that's working pretty much everywhere else in the state of Texas. 475 00:30:45,420 --> 00:30:49,980 So I'm frankly, I don't know where we go from this point, but I do know just 476 00:30:49,980 --> 00:30:54,060 from a personal standpoint, again, personal standpoint only, 477 00:30:54,060 --> 00:30:57,960 if that burden of proof remains in this code, I'm done. 478 00:30:57,960 --> 00:31:02,980 I want nothing to do with this moving forward. 479 00:31:02,980 --> 00:31:08,540 If you can do to citizens who only, you know, this was passed, you know, 480 00:31:08,540 --> 00:31:13,500 I mean seven years ago now, and the four criteria that were there, 481 00:31:13,500 --> 00:31:18,980 and there's no point, you know, Madison had them in our notes for today, 482 00:31:18,980 --> 00:31:22,180 without going over all those four criteria that should have been in the code, 483 00:31:22,180 --> 00:31:26,220 I don't know where we go from here, you know. 484 00:31:26,220 --> 00:31:34,020 So I'm very frustrated with where we're at and what we try to do. 485 00:31:34,020 --> 00:31:40,900 We try to do nothing other than what is already working in cities all over the state of Texas. 486 00:31:40,900 --> 00:31:47,900 And so there's nothing extreme here or, again, with the exception of this client 487 00:31:47,900 --> 00:31:53,900 or substantial customer, this 1D, I understand where, for example, 488 00:31:53,900 --> 00:31:57,460 where misgestures was coming from. I do understand that. 489 00:31:57,460 --> 00:32:02,660 And that's going to change my perspective on this, on the entire conflict of interest. 490 00:32:02,660 --> 00:32:08,100 I think that's still a lot of work that we can do there to make that right. 491 00:32:08,100 --> 00:32:11,660 But for me, that burden of proof is a line in the sand. 492 00:32:11,660 --> 00:32:14,980 And that's why there have been no complaints in the three years, 493 00:32:14,980 --> 00:32:17,780 because the citizens in this town that I've talked to, 494 00:32:17,780 --> 00:32:21,980 who know how long this arm and tour myself and other citizens, 495 00:32:21,980 --> 00:32:26,780 they just said, "We're done. We want nothing to do. There are complaints." 496 00:32:26,780 --> 00:32:30,660 And if nothing else, one thing that frustrates a lot of citizens 497 00:32:30,660 --> 00:32:33,180 is that you can handle them differently. 498 00:32:33,180 --> 00:32:37,420 If the complaint comes from a citizen, they've got to check all these boxes 499 00:32:37,420 --> 00:32:39,780 and turn into an amateur prosecutor. 500 00:32:39,780 --> 00:32:45,020 And now somebody on city staff can do it through picking up a telephone 501 00:32:45,020 --> 00:32:51,540 and calling the other alternative route there for fraud, waste, and abuse hotline. 502 00:32:51,540 --> 00:32:57,980 So the burden of proof to me is the deal breaker. 503 00:32:57,980 --> 00:33:06,340 If we can't repair that or get rid of it, I think we're in trouble. 504 00:33:06,340 --> 00:33:13,260 - Just to be clear, the fraud, waste, and abuse hotline is open to literally anybody. 505 00:33:13,260 --> 00:33:16,380 But there's not a very clear procedure on what I am supposed to do 506 00:33:16,380 --> 00:33:24,580 if we receive an ethics complaint through that hotline. 507 00:33:24,580 --> 00:33:29,300 - So what's your thought about the best way to move forward? 508 00:33:29,300 --> 00:33:34,820 - Well, that's why I was asking earlier, are we just at a time out here? 509 00:33:34,820 --> 00:33:39,660 Or can we take this back? 510 00:33:39,660 --> 00:33:43,140 I don't know actually how to do this other than one of the things 511 00:33:43,140 --> 00:33:50,420 that I've been curious about is if we have someone in the state of Texas, 512 00:33:50,420 --> 00:33:59,100 possibly in Denton, and Robert, I can't think of his name, Bob Bland from UNT, 513 00:33:59,100 --> 00:34:04,340 now we have some professionals in Denton that might be able to help. 514 00:34:04,340 --> 00:34:08,180 And I was asking or wondering, you know... 515 00:34:08,180 --> 00:34:13,060 - Dr. Bland heads up the public policy department. 516 00:34:13,060 --> 00:34:17,020 I forget what it's called, but basically it's public policy. 517 00:34:17,020 --> 00:34:24,780 - Well, the point was that, you know, Alec Barquist stood up there for weeks on end 518 00:34:24,780 --> 00:34:30,260 charging the city of Denton, and the end product is an ethics code 519 00:34:30,260 --> 00:34:33,900 that embarrasses me and a lot of citizens in this town. 520 00:34:33,900 --> 00:34:37,980 Do we have a budget at all? 521 00:34:37,980 --> 00:34:44,300 I mean, other than Madison's well-qualified, do we have the ability to go out 522 00:34:44,300 --> 00:34:49,820 and find someone that can speak for us and for what we're talking about, 523 00:34:49,820 --> 00:34:54,820 trying to do here, and present the other side, not that you couldn't, 524 00:34:54,820 --> 00:35:00,020 but I would not have wanted to be in your seat during that work session, frankly, 525 00:35:00,020 --> 00:35:02,540 because that was just not fun. 526 00:35:02,540 --> 00:35:07,900 - Yeah, I'm sorry to interrupt, I should have said Madison did an outstanding job here in the meeting, 527 00:35:07,900 --> 00:35:10,420 so thanks for reprimanding us. 528 00:35:10,420 --> 00:35:12,420 - Thank you. 529 00:35:12,420 --> 00:35:16,220 - I've been in common on that for sure. 530 00:35:16,220 --> 00:35:20,780 - So I know we don't have a budget beyond zero. 531 00:35:20,780 --> 00:35:22,380 - We have $10,000. 532 00:35:22,380 --> 00:35:28,740 Some of it has been used for outside consultants for the board of ethics. 533 00:35:28,740 --> 00:35:35,420 We typically use that with the Borges firm when we have to process ethics complaints 534 00:35:35,420 --> 00:35:42,820 or advisory opinions for the city council, because the city attorney's office refuses them. 535 00:35:42,820 --> 00:35:48,540 So we would have to go through a procurement process, but we have some money available 536 00:35:48,540 --> 00:35:52,860 if you would like to give direction to go that way. 537 00:35:52,860 --> 00:35:56,980 - I would be very much in favor of that, not that we don't have many, many dedicated, 538 00:35:56,980 --> 00:36:03,060 well-qualified people right here, but we need some help to have this city council 539 00:36:03,060 --> 00:36:09,540 understand the difference between an ethics code and an ordinance, 540 00:36:09,540 --> 00:36:13,260 and they're ordinance-driven, not code, they don't understand the difference 541 00:36:13,260 --> 00:36:18,100 between an ethics code and an ordinance, and that's a fundamental problem, 542 00:36:18,100 --> 00:36:23,660 not because we've got maybe too many lawyers on the council, I don't know, 543 00:36:23,660 --> 00:36:28,900 but there's a fundamental misunderstanding about what an ethics code is and what it is not. 544 00:36:28,900 --> 00:36:36,020 And that's what I think someone that would come in and help them understand 545 00:36:36,020 --> 00:36:40,820 that you're not going to be able to have 92 bullet points up and down an ethics code 546 00:36:40,820 --> 00:36:44,620 and cover every possible scenario where someone can step over the line. 547 00:36:44,620 --> 00:36:46,780 That's not going to happen ever. 548 00:36:46,780 --> 00:36:52,900 And if that's their goal, we're wasting time. 549 00:36:52,900 --> 00:37:10,340 So, we're not the first city in the state of Texas that's just tried to pass an ethics code. 550 00:37:10,340 --> 00:37:17,420 This has been done before, and this council is acting like this is the first time ever. 551 00:37:17,420 --> 00:37:26,180 So, I don't know how to fix that or to get some help. 552 00:37:26,180 --> 00:37:31,620 >> So, I agree with a lot of what I'm hearing. 553 00:37:31,620 --> 00:37:38,300 I like the idea of maybe having some consultants come and speak to us 554 00:37:38,300 --> 00:37:47,420 and then maybe help, maybe even for us or whatever, but to help us be able to present the idea 555 00:37:47,420 --> 00:37:54,380 of an ethics code that is very non-controversial, which was what we were trying to do, 556 00:37:54,380 --> 00:38:02,220 and reduce the fear level, because the fear level I saw was very up on the ceiling. 557 00:38:02,220 --> 00:38:06,820 They're afraid we're out to get them, and quite the opposite, we're trying to protect them 558 00:38:06,820 --> 00:38:13,900 from frivolous accusations at election time and other frivolous complaints. 559 00:38:13,900 --> 00:38:15,300 And they're not believing that. 560 00:38:15,300 --> 00:38:16,980 So, there's a problem there. 561 00:38:16,980 --> 00:38:19,460 Why do they fear us? 562 00:38:19,460 --> 00:38:21,540 And because that is not what we're trying to do. 563 00:38:21,540 --> 00:38:27,980 We're trying to increase transparency, increase the ease of use and understanding of the ethics code. 564 00:38:27,980 --> 00:38:32,340 We have an ethics code that is pretty generic that other cities use. 565 00:38:32,340 --> 00:38:35,380 And so, something's not translating. 566 00:38:35,380 --> 00:38:37,260 And so, that's my concern. 567 00:38:37,260 --> 00:38:40,700 How can we have a better discussion with city council? 568 00:38:40,700 --> 00:38:46,140 I don't know if it's ever allowed to have a work session instead of just presenting them 569 00:38:46,140 --> 00:38:49,620 with some recommendations and then they voted up and down. 570 00:38:49,620 --> 00:38:53,100 If we could have a work session where we all sit together and talk about it, 571 00:38:53,100 --> 00:38:56,220 because it's not just about them telling us what they don't like. 572 00:38:56,220 --> 00:38:57,940 I'd love to hear what they do want. 573 00:38:57,940 --> 00:39:02,100 You know, I'd like to hear what would you like to see. 574 00:39:02,100 --> 00:39:06,700 And so, you know, that would be helpful and I don't know if that's even allowed to do that. 575 00:39:06,700 --> 00:39:10,820 Or if that's out of order to do something like that. 576 00:39:10,820 --> 00:39:14,220 But I'd love to do anything we can do to reduce the fear level. 577 00:39:14,220 --> 00:39:16,140 To show that we're an advisory board. 578 00:39:16,140 --> 00:39:17,100 We have panels. 579 00:39:17,100 --> 00:39:22,740 We have ways of buffering them from frivolous complaints. 580 00:39:22,740 --> 00:39:28,660 They can come and ask a panel is, you know, is this going to be an ethics violation? 581 00:39:28,660 --> 00:39:33,380 And I don't think that's a huge burden because it doesn't come up that often that there's, 582 00:39:33,380 --> 00:39:35,660 you know, even a question about an ethics violation. 583 00:39:35,660 --> 00:39:38,260 So I don't see it as a huge burden. 584 00:39:38,260 --> 00:39:43,980 And I think we do need to address the concerns that the different council people brought up. 585 00:39:43,980 --> 00:39:49,420 But maybe do it in a way that seems less scary to them. 586 00:39:49,420 --> 00:39:59,500 And for example, the idea of, if I went to a grocery store and bought groceries and then 587 00:39:59,500 --> 00:40:03,180 that grocery store wanted a zoning change, would I have to refuse myself? 588 00:40:03,180 --> 00:40:06,460 And you think, oh no, that's, you know, that's silly. 589 00:40:06,460 --> 00:40:09,220 But what if I bought something expensive like a car? 590 00:40:09,220 --> 00:40:12,700 Would I have to recuse myself that that car dealership wanted a zoning change? 591 00:40:12,700 --> 00:40:13,940 Not necessarily. 592 00:40:13,940 --> 00:40:14,580 It wouldn't have to. 593 00:40:14,580 --> 00:40:18,980 Just because a car is more expensive, it would be like if they gave you a car right before 594 00:40:18,980 --> 00:40:23,540 the zoning change, or if the grocery store gave you a year's worth of free groceries, 595 00:40:23,540 --> 00:40:25,780 then you might say, hey, this is a little shady. 596 00:40:25,780 --> 00:40:29,820 But most of the time, these things that come up are not going to be ethics violations. 597 00:40:29,820 --> 00:40:31,180 That's why you have a board. 598 00:40:31,180 --> 00:40:33,380 And you have a board to say, hey, you're OK. 599 00:40:33,380 --> 00:40:34,260 You're cool. 600 00:40:34,260 --> 00:40:34,900 Don't worry about it. 601 00:40:34,900 --> 00:40:36,180 It's like buying a shop and buying groceries. 602 00:40:36,180 --> 00:40:36,460 Yeah. 603 00:40:36,460 --> 00:40:40,860 And if there's anything to worry about, then you talk about it even before it gets to the 604 00:40:40,860 --> 00:40:43,540 higher level of an actual hearing. 605 00:40:43,540 --> 00:40:51,060 So I just wish we could figure out some way to reduce the misunderstandings of the fair. 606 00:40:51,060 --> 00:40:55,860 The city council does occasionally have joint meetings with certain other committees or 607 00:40:55,860 --> 00:41:01,260 other political bodies, like the independent school district and things like that. 608 00:41:01,260 --> 00:41:02,820 So I can check in on that. 609 00:41:02,820 --> 00:41:07,900 They have not had one with the board of ethics before. 610 00:41:07,900 --> 00:41:15,580 I have to say, seeing what I saw at this last meeting, I would not be interested. 611 00:41:15,580 --> 00:41:19,460 So Andrea, do you want to go before me, or should I-- 612 00:41:19,460 --> 00:41:21,380 That was actually exactly my question. 613 00:41:21,380 --> 00:41:23,020 My original question was exactly that. 614 00:41:23,020 --> 00:41:28,340 What request do we have in terms of communication with the board directly? 615 00:41:28,340 --> 00:41:33,260 Because what I'm hearing, all of these things, if you remember now of our discussion, I was 616 00:41:33,260 --> 00:41:39,020 very concerned about a very broad definition of things. 617 00:41:39,020 --> 00:41:43,540 And I want to have you back here for a second, because it was actually you as the lawyer 618 00:41:43,540 --> 00:41:50,420 who explained to us that substantial is often used in that vague of a sense in order to 619 00:41:50,420 --> 00:41:56,060 be able to catch things that are of different value to different people that have different 620 00:41:56,060 --> 00:41:58,020 meaning in different situations. 621 00:41:58,020 --> 00:42:07,300 So I, personally, am very much, before we spend a ton of money on an expert, what request 622 00:42:07,300 --> 00:42:13,500 do we have to actually communicate directly with the city council and actually give them 623 00:42:13,500 --> 00:42:14,620 an understanding? 624 00:42:14,620 --> 00:42:19,780 Because I also see exactly what was already mentioned, that a lot of these concerns really 625 00:42:19,780 --> 00:42:26,380 reflect kind of a misunderstanding of what we are as a board. 626 00:42:26,380 --> 00:42:31,260 Because it almost seems like they're afraid of being policed by us, whereas the ethicoats, 627 00:42:31,260 --> 00:42:36,220 my understanding is it is so that you know what you should and shouldn't do and that 628 00:42:36,220 --> 00:42:43,500 you actually reflect yourself as a city official and as a council member of what is appropriate 629 00:42:43,500 --> 00:42:52,180 and what is not appropriate while you're holding you as a person and you as an elected official, 630 00:42:52,180 --> 00:42:54,940 or as a hired person, as a representative of the city. 631 00:42:54,940 --> 00:43:01,060 That is no different than I have had certain questions as an educator, like when it comes 632 00:43:01,060 --> 00:43:06,740 to elections, I have had numerous conversations of am I allowed to do this as a teacher? 633 00:43:06,740 --> 00:43:11,300 In what situation while I'm having children at this school, what am I allowed to say, 634 00:43:11,300 --> 00:43:12,300 what am I not allowed to say? 635 00:43:12,300 --> 00:43:18,900 When am I a parent, when am I an actual representative of the school district? 636 00:43:18,900 --> 00:43:24,860 Those are all ethics questions that I really do think that city council is completely missing 637 00:43:24,860 --> 00:43:27,320 and it more, yes. 638 00:43:27,320 --> 00:43:36,540 So those are the big things for me in terms of, because really and truly the only chance 639 00:43:36,540 --> 00:43:44,060 we have to get any other recommendations passed is if we create an understanding within the 640 00:43:44,060 --> 00:43:47,740 city council of where our recommendations are coming from. 641 00:43:47,740 --> 00:43:53,940 And that is something that I really do think goes beyond your role. 642 00:43:53,940 --> 00:44:01,940 And I think that is where we as a board should actually put ourselves out there and say this 643 00:44:01,940 --> 00:44:04,180 is why we're making these recommendations. 644 00:44:04,180 --> 00:44:05,180 Thank you. 645 00:44:05,180 --> 00:44:13,980 Yeah, but what's your thought on best way forward? 646 00:44:13,980 --> 00:44:20,460 My best way forward is at this point we've had two rejections in terms of revising the 647 00:44:20,460 --> 00:44:21,460 code. 648 00:44:21,460 --> 00:44:31,820 One was about two years ago, right, after two years, and then we've had a lot of change 649 00:44:31,820 --> 00:44:37,140 and we've recommended other changes, different changes and we were rejected again. 650 00:44:37,140 --> 00:44:42,580 So in order for us to plug away and spend more time trying to figure out, which the 651 00:44:42,580 --> 00:44:51,660 word smithing really hurts me because that's what we were trying, yes. 652 00:44:51,660 --> 00:44:58,080 I really do, I really think that we need to be, we need to be, we need to take a different 653 00:44:58,080 --> 00:45:02,540 approach than just presenting through Madison changes. 654 00:45:02,540 --> 00:45:11,260 We need to figure out a way of actually educating the city council and having a conversation 655 00:45:11,260 --> 00:45:17,020 with the city council so that, which what I don't understand is every single one of 656 00:45:17,020 --> 00:45:20,600 us is appointed by a city council member. 657 00:45:20,600 --> 00:45:27,420 So if they're appointing us to sit and confirmed by all of them, so if they're doing that and 658 00:45:27,420 --> 00:45:40,700 we're sitting here based on their recommendation and their vote, why are we not trusted? 659 00:45:40,700 --> 00:45:44,340 So my turn. 660 00:45:44,340 --> 00:45:48,540 I want to say I've tried to go into this meeting really positively. 661 00:45:48,540 --> 00:45:53,420 I felt like I was in a good frame of mind and I thought what happened last time was 662 00:45:53,420 --> 00:45:54,420 terrible. 663 00:45:54,420 --> 00:45:55,420 It can't be worse. 664 00:45:55,420 --> 00:45:56,420 It was worse. 665 00:45:56,420 --> 00:46:08,220 You know last time there were two people who were yelling and I think everybody else was 666 00:46:08,220 --> 00:46:13,700 just kind of sitting there like quiet ducks sort of. 667 00:46:13,700 --> 00:46:17,860 This time there was no decorum in the meeting. 668 00:46:17,860 --> 00:46:27,780 They were off track and from the session before they were looking at some changes and it wasn't 669 00:46:27,780 --> 00:46:35,900 being presented by a city staff member, it was being presented by an official with the 670 00:46:35,900 --> 00:46:42,060 Chamber of Commerce and it was like thank you, that's wonderful, yay, yay, yay, good 671 00:46:42,060 --> 00:46:50,180 job and then the minute our thing came up it was like a switch flipped and it was suddenly, 672 00:46:50,180 --> 00:47:01,340 it was just crazy and there was no decorum and I can tell you how much I appreciate Scott 673 00:47:01,340 --> 00:47:07,740 because he's explained a lot of things to me and he quietly tells me when we're getting 674 00:47:07,740 --> 00:47:12,300 off track and I like to think that I respond and I listen. 675 00:47:12,300 --> 00:47:21,380 I saw the same thing happening in this meeting, no response and finally I did and I will say 676 00:47:21,380 --> 00:47:32,180 there were two council people sitting right there, Jester and Vicki Bird and they were 677 00:47:32,180 --> 00:47:37,380 carrying on a very loud sidebar and it was loud enough that I couldn't hear what was 678 00:47:37,380 --> 00:47:39,420 being said in the rest of the room. 679 00:47:39,420 --> 00:47:44,340 I was sitting right there right behind them. 680 00:47:44,340 --> 00:47:51,620 It was unacceptable and it was disrespectful to Madison, the constant comments and they 681 00:47:51,620 --> 00:47:59,420 were both, well Jester was doing a lot of talking and I did not hear her listening and 682 00:47:59,420 --> 00:48:07,380 so she's a new council person and she hadn't at that point had the ethics training. 683 00:48:07,380 --> 00:48:16,980 I was offended, I felt disrespected, I felt very disrespected for Madison who always has 684 00:48:16,980 --> 00:48:23,580 everything together and presents things very well and it was just like we were trying to 685 00:48:23,580 --> 00:48:32,020 saw a fillet or something, it was really, really disrespectful. 686 00:48:32,020 --> 00:48:38,940 I also feel like we have a couple lawyers on the council now who do not understand the 687 00:48:38,940 --> 00:48:40,900 difference between law and ethics. 688 00:48:40,900 --> 00:48:47,820 If you think about concentric circles there's a little bit of overlap, law is a set of rules 689 00:48:47,820 --> 00:48:54,300 and ethics is more aspirational, they completely don't get it. 690 00:48:54,300 --> 00:49:02,220 We're trying to bring people back in before they are in violation of state law but as 691 00:49:02,220 --> 00:49:10,100 it stands our code is really weaker than state law so it's possible that someone could be 692 00:49:10,100 --> 00:49:16,420 in violation of state law before they get found guilty of an ethics violation and that's 693 00:49:16,420 --> 00:49:23,620 sad because if I had the choice between being charged with violation of law and ethics, 694 00:49:23,620 --> 00:49:28,980 I'd prefer the ethical charge because that is meant to be a higher level and it's meant 695 00:49:28,980 --> 00:49:35,740 to be more aspirational and you're really trying to guide people into better behavior 696 00:49:35,740 --> 00:49:43,080 but I felt like they were telling us we were being mean to them. 697 00:49:43,080 --> 00:49:48,140 Bottom line for me is I don't think they're listening to constituents. 698 00:49:48,140 --> 00:49:55,820 What was lucked out of this whole thing that Borgquist recommended was to involve constituents, 699 00:49:55,820 --> 00:50:03,620 voters in the code, that was, and I know that there's a council person who just rotated 700 00:50:03,620 --> 00:50:10,940 off who thinks that they were involved but voters were not involved other than their 701 00:50:10,940 --> 00:50:18,900 passage of the bond, there's never been a time when they really asked the voters what 702 00:50:18,900 --> 00:50:27,860 they think about this and it's meant to engender trust, I don't think it does. 703 00:50:27,860 --> 00:50:36,420 Also honestly council members should not be making decisions, so I'm reading from Weschler, 704 00:50:36,420 --> 00:50:42,880 the fact that elected officials like to have a final say is in itself a conflict of interest 705 00:50:42,880 --> 00:50:47,580 because it certainly is not in the public interest to give them this final say. 706 00:50:47,580 --> 00:50:52,820 The more independent the ethics commission, the more it will be trusted by city residents, 707 00:50:52,820 --> 00:50:59,700 the less it will be used for political purposes and the more respect its decisions will be 708 00:50:59,700 --> 00:51:00,700 given. 709 00:51:00,700 --> 00:51:07,540 If the ethics system is not perceived as independent and ethics accusations are politicized, the 710 00:51:07,540 --> 00:51:14,380 ethics system can actually undermine the very confidence in government it is supposed to 711 00:51:14,380 --> 00:51:15,380 protect. 712 00:51:15,380 --> 00:51:24,580 So one option is, and Weschler actually says this at one point in his 1300 pages of writing, 713 00:51:24,580 --> 00:51:30,980 he says that some cities are better off without an ethics code, I think that's a possibility 714 00:51:30,980 --> 00:51:37,500 that we need to tell council, look, we don't have a viable code, all you can do really 715 00:51:37,500 --> 00:51:46,620 is beat up your political opponents with it, it's not a good code, but just don't even 716 00:51:46,620 --> 00:51:48,660 try to say we have one. 717 00:51:48,660 --> 00:51:59,460 Another question for Madison, has the current council, it's my understanding there's supposed 718 00:51:59,460 --> 00:52:07,740 to be some annual ethics training, do you do that yourself or how does, well for example 719 00:52:07,740 --> 00:52:15,820 the reason I ask that is during this meeting I heard a council member claim that, well 720 00:52:15,820 --> 00:52:20,940 you could, citizens could just keep bringing up the same complaint over and over again, 721 00:52:20,940 --> 00:52:28,620 well no they can't, because they can be sanctioned, and so it showed me that there's maybe some 722 00:52:28,620 --> 00:52:32,100 folks on this council that really don't understand. 723 00:52:32,100 --> 00:52:38,860 Yes, the ethics training for the city council happened about a week and a half after the 724 00:52:38,860 --> 00:52:39,860 presentation. 725 00:52:39,860 --> 00:52:44,700 So all council members have currently been through training? 726 00:52:44,700 --> 00:52:48,940 They received it on June 22nd I believe. 727 00:52:48,940 --> 00:52:55,540 Well for example that was just a factually, just an erroneous statement that I heard from 728 00:52:55,540 --> 00:53:04,020 doesn't matter who, but so they're living in some other world that is not relevant in 729 00:53:04,020 --> 00:53:09,900 terms of an actual ethics code, you know, he can keep bringing up the same complaint 730 00:53:09,900 --> 00:53:12,460 over and over and over, no he can't. 731 00:53:12,460 --> 00:53:17,860 I felt like the decision had been made before we even made the presentation, did you get 732 00:53:17,860 --> 00:53:18,860 that sense? 733 00:53:18,860 --> 00:53:19,860 Yes. 734 00:53:19,860 --> 00:53:29,820 Anybody else, did anybody get a different perspective of that, because I felt like they 735 00:53:29,820 --> 00:53:30,820 had already decided, no. 736 00:53:30,820 --> 00:53:35,140 And you know having, the last time we brought, yeah we brought a bunch of little nitpicky 737 00:53:35,140 --> 00:53:41,020 things to council, I don't think they understood them, they approved a couple of them, they 738 00:53:41,020 --> 00:53:43,500 left most of them on the table. 739 00:53:43,500 --> 00:53:51,140 So this time we came back with these are too big, and they were off track the entire presentation. 740 00:53:51,140 --> 00:53:55,900 They were looking at other parts of the code, their discussion of either of the points we 741 00:53:55,900 --> 00:54:02,540 were trying to make was very very minimal at best, and I kind of feel like the wording 742 00:54:02,540 --> 00:54:12,100 change of getting rid of the consequency definition was kind of like, here's a bone, thanks. 743 00:54:12,100 --> 00:54:18,900 I was kind of wanting a filet or something, yeah. 744 00:54:18,900 --> 00:54:25,660 Well it seems rather simplistic, but to go to the council and say okay San Marcos has 745 00:54:25,660 --> 00:54:31,140 a very effective code, El Paso has a very very effective code, Fort Worth, pick one. 746 00:54:31,140 --> 00:54:32,140 San Antonio. 747 00:54:32,140 --> 00:54:33,140 San Antonio. 748 00:54:33,140 --> 00:54:38,740 If you don't like what we're proposing, then you go find a code that you like, and we'll 749 00:54:38,740 --> 00:54:44,380 see if we can adapt it to them, but trying to reinvent the wheel when it's been done 750 00:54:44,380 --> 00:54:47,940 all over the state of Texas, I don't understand that. 751 00:54:47,940 --> 00:54:49,580 We're not trying to invent something. 752 00:54:49,580 --> 00:54:54,580 I feel like that's a large part of what we did, what we proposed to them. 753 00:54:54,580 --> 00:54:59,700 We didn't take necessarily San Marcos or San Antonio, but we took language directly from 754 00:54:59,700 --> 00:55:02,660 the model code and presented that. 755 00:55:02,660 --> 00:55:06,860 And since then, they wrote the code in the first place, so they presented, they came 756 00:55:06,860 --> 00:55:14,580 up with the code in the first place, my understanding is, okay so that code was brought up in 2012, 757 00:55:14,580 --> 00:55:16,420 is that correct? 758 00:55:16,420 --> 00:55:21,420 And so instead of us just asking over and over again do you like this, do you like that, 759 00:55:21,420 --> 00:55:26,940 I would like for them to say this is what we like, and then we can discuss and say yeah 760 00:55:26,940 --> 00:55:31,300 that sounds good or oh no there's some things that we don't think will work, but they haven't 761 00:55:31,300 --> 00:55:37,580 told us anything what they want, they just say what they don't want. 762 00:55:37,580 --> 00:55:44,780 I understand what you're saying, I think, I'm thinking about what Annetta read, and they 763 00:55:44,780 --> 00:55:48,380 should not be dictating to us what is in our code. 764 00:55:48,380 --> 00:55:50,420 No, but I mean that is the situation though, we can't change that. 765 00:55:50,420 --> 00:55:52,460 But I mean we didn't go back to them and present. 766 00:55:52,460 --> 00:55:57,860 We really don't like it, I think we probably, I mean one thing we might send a letter and 767 00:55:57,860 --> 00:56:04,900 say you're not involving the people who need to trust you, you're not listening to your 768 00:56:04,900 --> 00:56:09,660 constituents, you don't know who they're listening to, I don't really care actually. 769 00:56:09,660 --> 00:56:24,300 I think there needs to be, their decorum was frustrating and that's the nicest word I can 770 00:56:24,300 --> 00:56:25,300 think of. 771 00:56:25,300 --> 00:56:33,220 Question for city legal, being a quote unquote quasi judicial governing body, does that give 772 00:56:33,220 --> 00:56:40,860 us any special avenues to fix what we're talking about here and being a quote unquote judicial 773 00:56:40,860 --> 00:56:47,560 just imposes additional restrictions on how you hold your meeting? 774 00:56:47,560 --> 00:56:55,260 So here's the things we've talked about, have a joint meeting, revise what we have and go 775 00:56:55,260 --> 00:57:03,780 back and talk to them, a consultant, recommend another code, recommend no code, or maybe 776 00:57:03,780 --> 00:57:08,900 an open letter, those are the things that I have. 777 00:57:08,900 --> 00:57:09,900 So what? 778 00:57:09,900 --> 00:57:17,020 I'll say my preference, my preference would be to take our proposed amendments, make modifications 779 00:57:17,020 --> 00:57:22,500 to those proposed amendments to address the very few specific things that they had concerns 780 00:57:22,500 --> 00:57:29,980 about, where it makes sense and to not address them where it does not make sense, because 781 00:57:29,980 --> 00:57:35,900 we have spent many hours trying to answer a lot of these questions, if we need to add 782 00:57:35,900 --> 00:57:45,060 a definition here or make a change to that 273A1D, that section they had concerns about, 783 00:57:45,060 --> 00:57:48,960 that's fine, I mean if we need to change that because there are things that we need to consider. 784 00:57:48,960 --> 00:57:53,100 Because I was looking at it and thinking, why do these next three little paragraphs 785 00:57:53,100 --> 00:57:54,100 even exist? 786 00:57:54,100 --> 00:58:00,420 I mean, let's just make it, but I think where it got off the rails was that we put the whole 787 00:58:00,420 --> 00:58:05,020 code in the back up and then they start wandering around and we've been telling you the whole 788 00:58:05,020 --> 00:58:06,180 thing's broken. 789 00:58:06,180 --> 00:58:13,220 I think that, I don't want to start over from scratch looking at a different section or 790 00:58:13,220 --> 00:58:18,340 trying to find a totally new code and push that across, it's not going to work. 791 00:58:18,340 --> 00:58:22,780 I would like to take the hard work we've already done, clean up the things they had comments 792 00:58:22,780 --> 00:58:28,260 about and give it back to them and then they can tell us again why they think we don't 793 00:58:28,260 --> 00:58:29,260 know what we're doing. 794 00:58:29,260 --> 00:58:32,900 And if they do that, then that's fine. 795 00:58:32,900 --> 00:58:45,180 I think at some point, hopefully, people that actually vote will start to see this and say, 796 00:58:45,180 --> 00:58:49,140 we can't even get these people to agree to an ethics ordinance here. 797 00:58:49,140 --> 00:58:54,900 How can we expect them to conduct business in a way that's for all the citizens? 798 00:58:54,900 --> 00:59:01,180 I don't know how to make that happen other than if we continue to push them to do what 799 00:59:01,180 --> 00:59:07,140 we think is right after hours and hours of discussion and research and trying to fix 800 00:59:07,140 --> 00:59:12,660 the problems we have, they can either accept it or reject it and then like all people in 801 00:59:12,660 --> 00:59:18,420 elected positions, they're going to have to face the consequences for those decisions 802 00:59:18,420 --> 00:59:20,260 and they're going to have to explain themselves. 803 00:59:20,260 --> 00:59:26,380 Maybe simply the people who voted for them care about those things. 804 00:59:26,380 --> 00:59:30,420 And I hate to worry about this burden of proof thing, but make it very clear to those same 805 00:59:30,420 --> 00:59:37,180 people that as it is right now, this code has been weaponized against you as a citizen. 806 00:59:37,180 --> 00:59:49,340 And if you're okay with that, then live with it, because I'm going, but . . . 807 00:59:49,340 --> 00:59:59,020 Okay, what other . . . Andrea, what do you think? 808 00:59:59,020 --> 01:00:06,780 I mean, I'm willing to make tweaks and re-present it, but I think without a direct or an open 809 01:00:06,780 --> 01:00:11,820 letter, some kind of communication of what the rationale and reasoning behind it is and 810 01:00:11,820 --> 01:00:16,780 for really explaining what, why we're doing certain things, I really don't think we're 811 01:00:16,780 --> 01:00:19,180 going to get any other outcome. 812 01:00:19,180 --> 01:00:23,220 That's my . . . I mean, the work I don't have a problem putting in, especially when we're 813 01:00:23,220 --> 01:00:26,940 saying let's take these recommendations, see how they make sense. 814 01:00:26,940 --> 01:00:30,700 That's absolutely, but I think if we're just presenting it the way we have been presenting 815 01:00:30,700 --> 01:00:33,020 it, the outcome is going to be the same. 816 01:00:33,020 --> 01:00:39,180 I don't think that there's any kind of convincing otherwise, unless there is a rethinking of 817 01:00:39,180 --> 01:00:44,500 what our goals are and how those things are addressed. 818 01:00:44,500 --> 01:00:46,500 So, Patricia. 819 01:00:46,500 --> 01:00:54,460 I'm more in favor of having some kind of group meeting face-to-face, our council with City 820 01:00:54,460 --> 01:01:03,380 Council, because I have a fear that if we try to tweak things, then it'll just . . . like 821 01:01:03,380 --> 01:01:08,180 Andrea said, that it will just be shot down again without much thought put into it. 822 01:01:08,180 --> 01:01:15,860 So, it's kind of a waste of their time, and our time especially, but I think if it's a 823 01:01:15,860 --> 01:01:20,820 frank face-to-face discussion, what are you wanting? 824 01:01:20,820 --> 01:01:21,820 What's wrong with this? 825 01:01:21,820 --> 01:01:22,820 What would you suggest instead? 826 01:01:22,820 --> 01:01:29,340 You know, a real discussion, I think, would make more progress. 827 01:01:29,340 --> 01:01:30,340 Okay. 828 01:01:30,340 --> 01:01:34,740 David, what do you think? 829 01:01:34,740 --> 01:01:39,700 I am ready and willing to jump into this conflict of interest again. 830 01:01:39,700 --> 01:01:44,860 I'm okay with the fact that that couldn't be cleaned up a little bit, but again, my 831 01:01:44,860 --> 01:01:49,140 line in the sand is this burden to prove, totally. 832 01:01:49,140 --> 01:01:55,540 I think the two recommendations we made were the most appropriate ones, the stuff about 833 01:01:55,540 --> 01:02:01,820 whether or not you have a $200 political contribution that we weren't . . . that wasn't even on 834 01:02:01,820 --> 01:02:02,820 the agenda. 835 01:02:02,820 --> 01:02:03,820 That was frustrating to me. 836 01:02:03,820 --> 01:02:04,820 Whose job would it have been to bring that in? 837 01:02:04,820 --> 01:02:05,820 To not allow that? 838 01:02:05,820 --> 01:02:06,820 It just wasn't on the agenda. 839 01:02:06,820 --> 01:02:07,820 Yes. 840 01:02:07,820 --> 01:02:08,820 I mean, is there somebody to say that we're not voting on that right now? 841 01:02:08,820 --> 01:02:09,820 They were off-topic. 842 01:02:09,820 --> 01:02:10,820 They were off-topic. 843 01:02:10,820 --> 01:02:22,220 Almost the whole time they were talking about it. 844 01:02:22,220 --> 01:02:27,500 But who would bring that up, that it's off-topic? 845 01:02:27,500 --> 01:02:35,060 I think I saw the attorney trying to get it back on track, because I finally saw him go 846 01:02:35,060 --> 01:02:36,060 . . . 847 01:02:36,060 --> 01:02:37,060 Because it's, you know, we could discuss it at some point, but it wasn't . . . 848 01:02:37,060 --> 01:02:42,060 I finally saw him say, "Well, it's your meeting to run," and at that point, that's when we 849 01:02:42,060 --> 01:02:43,060 got the very little change that we did get. 850 01:02:43,060 --> 01:02:44,060 But there was no attempt to . . . Personally, I think a couple people should have been rolled 851 01:02:44,060 --> 01:02:45,060 out of order. 852 01:02:45,060 --> 01:02:46,060 I think that they were . . . 853 01:02:46,060 --> 01:02:47,060 Who does it, the attorney or the mayor? 854 01:02:47,060 --> 01:02:48,060 The mayor. 855 01:02:48,060 --> 01:02:49,060 The chair of the meeting. 856 01:02:49,060 --> 01:03:12,380 It was . . . I think the thing that made me maddest is that we try really hard to follow 857 01:03:12,380 --> 01:03:26,860 the rules, and the city council isn't even following the rules that they have set for 858 01:03:26,860 --> 01:03:27,860 us. 859 01:03:27,860 --> 01:03:28,860 That's poor leadership. 860 01:03:28,860 --> 01:03:31,860 I like to think that I listen when I get told, "Hey, you're off-topic." 861 01:03:31,860 --> 01:03:38,660 I'm pretty sure I saw the city, and I couldn't hear what he was saying, because the distractions 862 01:03:38,660 --> 01:03:40,140 over here were so loud. 863 01:03:40,140 --> 01:03:46,020 I couldn't even hear, "Madison, I couldn't even hear your presentation at points," because 864 01:03:46,020 --> 01:03:55,240 it was a constant chatter and joking, and, you know, "You should wait to be recognized." 865 01:03:55,240 --> 01:03:57,260 That wasn't happening. 866 01:03:57,260 --> 01:04:02,820 I thought you and Madison did an excellent job during that whole session. 867 01:04:02,820 --> 01:04:03,820 I really do. 868 01:04:03,820 --> 01:04:11,780 I think Madison always does a great job, and I am so grateful to have Scott here, because 869 01:04:11,780 --> 01:04:18,960 he rolls me in, in a good way, and he's quiet about how he does it. 870 01:04:18,960 --> 01:04:23,620 I expect the same thing from the city council, and I was disappointed, because I did not 871 01:04:23,620 --> 01:04:24,620 see it. 872 01:04:24,620 --> 01:04:33,020 It was like a circus atmosphere, just, you know, everybody was talking, there was no . . . 873 01:04:33,020 --> 01:04:35,700 There was absolutely zero decorum. 874 01:04:35,700 --> 01:04:36,700 Zero. 875 01:04:36,700 --> 01:04:43,260 That's why you have Robert's Rules of Order, and then we follow it kind of loosely, but . . . 876 01:04:43,260 --> 01:04:47,820 Which might give you an indication of how seriously they consider the ethics ordinance 877 01:04:47,820 --> 01:04:49,380 anyway, in the first place. 878 01:04:49,380 --> 01:04:50,380 Yeah. 879 01:04:50,380 --> 01:04:57,940 I had to wonder if it wasn't, like, well, it's . . . For things that they agree with, 880 01:04:57,940 --> 01:05:04,820 there is decorum, but if there's . . . Yeah. 881 01:05:04,820 --> 01:05:12,500 So Scott, I have a question for you, if I don't want to, if that's okay. 882 01:05:12,500 --> 01:05:16,920 What is our limitation on . . . Like, because, I mean, this is all public record. 883 01:05:16,920 --> 01:05:20,180 The work session is public record. 884 01:05:20,180 --> 01:05:25,620 What is our limitation as board members to approach a city council member about our discussions, 885 01:05:25,620 --> 01:05:28,620 because I mean . . . We could do that. 886 01:05:28,620 --> 01:05:29,620 Yeah. 887 01:05:29,620 --> 01:05:30,620 There's not a limitation. 888 01:05:30,620 --> 01:05:31,620 No. 889 01:05:31,620 --> 01:05:32,620 Just not as a group. 890 01:05:32,620 --> 01:05:33,620 Not as a group. 891 01:05:33,620 --> 01:05:34,620 As a board. 892 01:05:34,620 --> 01:05:35,620 More than one. 893 01:05:35,620 --> 01:05:38,620 But it's . . . Otherwise, it would be extroverted, right? 894 01:05:38,620 --> 01:05:41,620 Yes, but you can . . . But individual conversation. 895 01:05:41,620 --> 01:05:42,620 Individually? 896 01:05:42,620 --> 01:05:43,620 Sure. 897 01:05:43,620 --> 01:05:44,620 Okay. 898 01:05:44,620 --> 01:05:45,620 What was the question? 899 01:05:45,620 --> 01:05:46,620 I'm sorry. 900 01:05:46,620 --> 01:05:49,700 What are our limitations on approaching city council members? 901 01:05:49,700 --> 01:05:55,860 I just wanted to make sure that individual conversation, like an individual ethics board 902 01:05:55,860 --> 01:06:01,260 member and an individual city council member, it is not out of order to have conversation 903 01:06:01,260 --> 01:06:05,660 about these proceedings, because they're public record. 904 01:06:05,660 --> 01:06:12,460 Well, that's a correct response, but the only problem, the walking quorum, sometimes can 905 01:06:12,460 --> 01:06:13,460 become a problem, too. 906 01:06:13,460 --> 01:06:14,460 Yeah, but that . . . Right. 907 01:06:14,460 --> 01:06:15,460 That's not . . . Exactly. 908 01:06:15,460 --> 01:06:24,300 So what I'm hearing to kind of move things along, I hear three votes for revision. 909 01:06:24,300 --> 01:06:32,860 There's one for a joint meeting and one for a vote on other . . . or we could do more 910 01:06:32,860 --> 01:06:33,860 than one. 911 01:06:33,860 --> 01:06:42,540 So does someone want to make a . . . I would like to make a motion. 912 01:06:42,540 --> 01:06:48,780 I would like to make a motion to, once we adopt reconsideration of the language, to 913 01:06:48,780 --> 01:06:51,780 invite the city council to participate in our conversation. 914 01:06:51,780 --> 01:06:59,860 I don't think that needs a motion, and I'm also not posted for action on this item. 915 01:06:59,860 --> 01:07:00,860 Okay. 916 01:07:00,860 --> 01:07:05,980 So if y'all want to . . . That's a . . . you're speaking about the next time y'all make a 917 01:07:05,980 --> 01:07:06,980 slate of recommendations. 918 01:07:06,980 --> 01:07:09,980 So that kind of takes . . . We'll come back to this in a minute. 919 01:07:09,980 --> 01:07:14,580 We'll take a note of that and see what happens next. 920 01:07:14,580 --> 01:07:20,580 So there's direction to invite the city council to participate in a discussion. 921 01:07:20,580 --> 01:07:27,580 Once we've made revisions, which I think that we could probably take care of it. 922 01:07:27,580 --> 01:07:32,940 I think I would recommend just looking at the two things we recommended and just tighten 923 01:07:32,940 --> 01:07:33,940 them up. 924 01:07:33,940 --> 01:07:37,820 Take words out rather than leave them in. 925 01:07:37,820 --> 01:07:41,820 Can I amend that, because I think that is not really what I intended. 926 01:07:41,820 --> 01:07:49,500 I didn't really intend them to . . . I would like for them to be present during our conversation. 927 01:07:49,500 --> 01:07:56,620 Yes, they're able to watch it, and yes, they're able to look at the video, but I would like 928 01:07:56,620 --> 01:08:05,620 for them to be present during our actual discussion and revising so that they actually see the 929 01:08:05,620 --> 01:08:14,440 thought and care that goes into what we're doing and that we are being held to the standards. 930 01:08:14,440 --> 01:08:19,440 So kind of do them both at the same time. 931 01:08:19,440 --> 01:08:20,440 Yes. 932 01:08:20,440 --> 01:08:21,440 Okay. 933 01:08:21,440 --> 01:08:22,940 That makes sense. 934 01:08:22,940 --> 01:08:23,940 Okay. 935 01:08:23,940 --> 01:08:28,980 So I think the next thing is to receive a report. 936 01:08:28,980 --> 01:08:30,940 So we'll move on to item D. 937 01:08:30,940 --> 01:08:39,420 BOE 24-24-24. 938 01:08:39,420 --> 01:08:43,940 Receive a report, hold a discussion, and give staff direction regarding the ethics ordinance 939 01:08:43,940 --> 01:08:48,620 alignment with the 2017 Charter Review Committee recommendations. 940 01:08:48,620 --> 01:08:52,260 I haven't really prepared all that much. 941 01:08:52,260 --> 01:08:59,260 I've listed the four requirements that the voters approved during the 2017 Charter Election. 942 01:08:59,260 --> 01:09:05,540 I have . . . in the backup, I gave you slides from their committee discussion, and I have 943 01:09:05,540 --> 01:09:11,540 backups of what the slides were if you all want them. 944 01:09:11,540 --> 01:09:12,540 Okay. 945 01:09:12,540 --> 01:09:32,020 So if you would like, I have this slide prepared so we can list them if we believe some sections 946 01:09:32,020 --> 01:09:35,580 that currently exist address the current requirements. 947 01:09:35,580 --> 01:09:43,220 There's also some recommended elements that are not listed but that are on those slides 948 01:09:43,220 --> 01:09:45,080 that I came up with. 949 01:09:45,080 --> 01:09:50,460 So what to kind of . . . I'm just trying to move things along a little bit. 950 01:09:50,460 --> 01:10:03,020 So on page 13 of Exhibit 2, the recommended charter language for ethics, there is a definition 951 01:10:03,020 --> 01:10:12,580 of a prohibitive improper economic interest and personal gain in the code. 952 01:10:12,580 --> 01:10:15,580 What's the question? 953 01:10:15,580 --> 01:10:17,820 The first item is in the code, right? 954 01:10:17,820 --> 01:10:18,820 Right. 955 01:10:18,820 --> 01:10:25,780 And then the second definition of recusal, that's definitely in the code. 956 01:10:25,780 --> 01:10:31,580 So I . . . number three is not in the code. 957 01:10:31,580 --> 01:10:32,740 I apologize, Madison. 958 01:10:32,740 --> 01:10:45,300 I thought that I had the right to do it though, but I don't. 959 01:10:45,300 --> 01:10:46,300 Okay. 960 01:10:46,300 --> 01:10:47,300 It's interesting. 961 01:10:47,300 --> 01:10:57,980 I was looking for something else, and I came across a city council or a work session from 962 01:10:57,980 --> 01:11:06,180 2017 or 2016, actually, and they were talking about whether they even wanted this to be 963 01:11:06,180 --> 01:11:07,180 in the code. 964 01:11:07,180 --> 01:11:12,180 And they kind of took a straw poll, and it was four to three and then they decided to 965 01:11:12,180 --> 01:11:18,180 send it to . . . So I'm thinking they never wanted the appearance of conflict of interest 966 01:11:18,180 --> 01:11:27,180 to be in the code, and it is most certainly not there, unless it's in the aspirational 967 01:11:27,180 --> 01:11:28,180 code. 968 01:11:28,180 --> 01:11:35,260 You and I were both on the Charter Review Committee. 969 01:11:35,260 --> 01:11:43,660 When these four were written, for example, the definition of prohibited improper EGA, 970 01:11:43,660 --> 01:11:49,420 this was not even the $500, $1,000 discussion. 971 01:11:49,420 --> 01:11:54,780 When we left the Charter Review, we were thinking in terms of all the other cities that had 972 01:11:54,780 --> 01:12:05,220 defined it, and so this was kind of an unfortunate situation where all of these . . . the code 973 01:12:05,220 --> 01:12:16,100 that was passed essentially ignored these, and so whether or not that makes the code 974 01:12:16,100 --> 01:12:22,220 that was passed any less legitimate is not a question that I can answer, but the citizens 975 01:12:22,220 --> 01:12:26,620 and the task force said, "These are the things that we want included." 976 01:12:26,620 --> 01:12:27,620 Overwhelmingly. 977 01:12:27,620 --> 01:12:28,620 Overwhelmingly. 978 01:12:28,620 --> 01:12:34,680 And these were basically ignored by the 2017 city council. 979 01:12:34,680 --> 01:12:41,260 When they went to work, by the way excluding citizens from the task force, when they went 980 01:12:41,260 --> 01:12:44,780 off in a dark corner, they started writing an ethics code. 981 01:12:44,780 --> 01:12:47,740 These four things were never discussed. 982 01:12:47,740 --> 01:12:52,700 And number four, administration and enforcement of ethics ordinance coupled with strong and 983 01:12:52,700 --> 01:12:54,420 meaningful remedies for infraction. 984 01:12:54,420 --> 01:12:55,420 Exactly. 985 01:12:55,420 --> 01:12:56,420 Definitely not there. 986 01:12:56,420 --> 01:12:57,420 We can write in the water. 987 01:12:57,420 --> 01:12:58,420 That's it. 988 01:12:58,420 --> 01:13:02,420 These citizen mandates, they were ignored when the code was drafted. 989 01:13:02,420 --> 01:13:03,420 That may be uncomfortable, but that's a fact. 990 01:13:03,420 --> 01:13:04,420 Any more comments on this? 991 01:13:04,420 --> 01:13:27,300 Is there a direction to . . . would you like me to bring anything back in regards to this? 992 01:13:27,300 --> 01:13:39,340 I can just say, if we do tweak our code, we got a lot of work to do. 993 01:13:39,340 --> 01:13:45,540 But the fact that 80% of the people . . . I remember as we were finishing the charter 994 01:13:45,540 --> 01:13:51,340 review, the chairman said, "Well, there's one thing I think won't pass and that's the 995 01:13:51,340 --> 01:13:52,340 ethics code." 996 01:13:52,340 --> 01:13:58,940 And I thought, I think it will. 997 01:13:58,940 --> 01:14:00,700 I mean, I think we're in the same place. 998 01:14:00,700 --> 01:14:07,220 We're in the same place with our recommendations right now, is if we can work for the next 999 01:14:07,220 --> 01:14:12,420 six months and come up with something and present it, and at this point I think we're 1000 01:14:12,420 --> 01:14:13,420 just spinning our wheels. 1001 01:14:13,420 --> 01:14:20,620 I think, I think there needs to be . . . I don't know, I mean, I don't like the idea 1002 01:14:20,620 --> 01:14:24,740 of the City Council to tell us what to do, because that's not what we're supposed . . . that 1003 01:14:24,740 --> 01:14:29,780 is not the entity that we are, but at the same time I think that we need to open up 1004 01:14:29,780 --> 01:14:34,900 a conversation in terms of how to move forward and make this functional for the city. 1005 01:14:34,900 --> 01:14:40,700 This is going to sound like a really country saying it, it's like the fox guarding the 1006 01:14:40,700 --> 01:14:43,100 chicken coop. 1007 01:14:43,100 --> 01:14:47,220 And not to say that the City Council members should not have input. 1008 01:14:47,220 --> 01:14:54,420 I would never, ever say that, but I think the citizens should really be consulted and 1009 01:14:54,420 --> 01:15:02,900 their consultation was very, very fast, and they came back and overwhelmingly said, "Yes, 1010 01:15:02,900 --> 01:15:14,180 80 percent, 80 percent said we want this, and we've had a very weak hope, so . . ." 1011 01:15:14,180 --> 01:15:22,280 Well, I think there's no direction right now other than to just make a note that, that 1012 01:15:22,280 --> 01:15:29,380 really the things that the citizens voted in are not in this code. 1013 01:15:29,380 --> 01:15:34,360 It is a consensus, I'm not overstating. 1014 01:15:34,360 --> 01:15:39,980 Okay, so let's, we're going to go back to item B, Receive Your Report, Hold a Discussion, 1015 01:15:39,980 --> 01:15:48,600 and give staff direction regarding the future meeting topics. 1016 01:15:48,600 --> 01:15:51,780 We are scheduled to have a meeting in July, right? 1017 01:15:51,780 --> 01:15:52,780 August. 1018 01:15:52,780 --> 01:15:55,780 Yes, August is our next regularly scheduled meeting. 1019 01:15:55,780 --> 01:15:56,780 Okay. 1020 01:15:56,780 --> 01:16:05,380 I would recommend that there be three things on the agenda, and one would be, or two things. 1021 01:16:05,380 --> 01:16:13,340 We can work on what we sent and we can, you know, propose changes to tighten it up, and 1022 01:16:13,340 --> 01:16:19,020 then recommend that the Council be invited to the next meeting, and I guess we'll need 1023 01:16:19,020 --> 01:16:25,980 to figure out a format for that, because I think we need to be guiding this discussion. 1024 01:16:25,980 --> 01:16:35,180 I think they should be invited to observe, and I think our, our agenda item should be 1025 01:16:35,180 --> 01:16:44,180 incorporating, either incorporating or rejecting their feedback to our previously proposed 1026 01:16:44,180 --> 01:16:47,180 amendments. 1027 01:16:47,180 --> 01:16:57,180 And we can go through, I'm happy to go through and make a list of all the actionable input 1028 01:16:57,180 --> 01:17:02,180 that they gave during the work session, and then we can go one by one through those and 1029 01:17:02,180 --> 01:17:07,180 decide if we want to incorporate it or not. 1030 01:17:07,180 --> 01:17:08,180 I don't know what else to do. 1031 01:17:08,180 --> 01:17:15,180 I think that sounds really good, because we are listening to them, but it's time they 1032 01:17:15,180 --> 01:17:16,180 listen to us. 1033 01:17:16,180 --> 01:17:17,180 You know, we are smart people. 1034 01:17:17,180 --> 01:17:20,180 We have spent many, many hours on this. 1035 01:17:20,180 --> 01:17:28,180 I felt really disrespected that, honestly, I think we know a lot more about city ethics 1036 01:17:28,180 --> 01:17:33,180 than all of them put together, and it's not because they're not smart people, but they 1037 01:17:33,180 --> 01:17:37,180 have so many more things to think about. 1038 01:17:37,180 --> 01:17:48,180 So, I'm sure I'm going to really make some people mad by that comment, but it was disrespectful. 1039 01:17:48,180 --> 01:17:58,180 I'd like to revisit the next meeting, the idea of having a consultant come and talk 1040 01:17:58,180 --> 01:18:06,180 to us, because I think we could definitely run some ideas by the consultant and get some 1041 01:18:06,180 --> 01:18:14,180 feedback on how to present these ideas in a way that doesn't seem so threatening to 1042 01:18:14,180 --> 01:18:19,180 the city council, so we can be more cooperative rather than adversarial. 1043 01:18:19,180 --> 01:18:23,180 And I think an outside consultant could be very helpful. 1044 01:18:23,180 --> 01:18:24,180 I don't know who that would be. 1045 01:18:24,180 --> 01:18:27,180 You and somebody, but we can talk about that at the next meeting. 1046 01:18:27,180 --> 01:18:34,180 So, we have to go through a procurement process according to state law. 1047 01:18:34,180 --> 01:18:40,180 I can look and basically present here some options. 1048 01:18:40,180 --> 01:18:46,180 It could even be more than one person, based on the direction today. 1049 01:18:46,180 --> 01:18:48,180 I can bring that back. 1050 01:18:48,180 --> 01:18:50,180 Options for a consultant at the next meeting. 1051 01:18:50,180 --> 01:18:56,180 That sounds good. 1052 01:18:56,180 --> 01:19:03,180 So, we're talking about starting to work on revisions. 1053 01:19:03,180 --> 01:19:14,180 I like the idea of looking at everything that they raised, considering a consultant. 1054 01:19:14,180 --> 01:19:17,180 Discussing the format. 1055 01:19:17,180 --> 01:19:22,180 Further discussing the format that we'll use for a joint meeting. 1056 01:19:22,180 --> 01:19:25,180 Yep. 1057 01:19:25,180 --> 01:19:31,180 So, just to be clear, would you like me to informally invite them to attend the next 1058 01:19:31,180 --> 01:19:33,180 meeting? 1059 01:19:33,180 --> 01:19:36,180 Would you like to send them a letter asking them to attend? 1060 01:19:36,180 --> 01:19:40,180 Are you talking deeply into that discussion about the format? 1061 01:19:40,180 --> 01:19:49,180 I was thinking we need to start working on our proposal to tweak it and then invite 1062 01:19:49,180 --> 01:19:53,180 them to the meeting after that. 1063 01:19:53,180 --> 01:19:58,180 And next time I think we should discuss how that's going to look. 1064 01:19:58,180 --> 01:20:06,180 Because I do not want it to look anything like the Council meeting, the work session. 1065 01:20:06,180 --> 01:20:12,180 I want mutual respect. 1066 01:20:12,180 --> 01:20:14,180 Not a constructive format. 1067 01:20:14,180 --> 01:20:16,180 No, it was not. 1068 01:20:16,180 --> 01:20:24,180 I think you should listen to constituents, even if their ideas are stupid. 1069 01:20:24,180 --> 01:20:33,180 You should still listen. 1070 01:20:33,180 --> 01:20:35,180 Well, I made my point clear. 1071 01:20:35,180 --> 01:20:39,180 I feel that they should be part of the discussion and they should actually watch a 1072 01:20:39,180 --> 01:20:40,180 meeting. 1073 01:20:40,180 --> 01:20:47,180 That there is decorum and people wait to be called on. 1074 01:20:47,180 --> 01:20:52,180 Well, I think that's what we're thinking about. 1075 01:20:52,180 --> 01:20:54,180 That's not what I heard from your statement. 1076 01:20:54,180 --> 01:20:58,180 What I heard from your statement was that you wanted to tweak it first and then 1077 01:20:58,180 --> 01:21:00,180 invite them for a conversation. 1078 01:21:00,180 --> 01:21:01,180 Okay. 1079 01:21:01,180 --> 01:21:05,180 But I think we can still go through each of the things and say this is what we're 1080 01:21:05,180 --> 01:21:13,180 recommending and give them a chance to respond to that. 1081 01:21:13,180 --> 01:21:14,180 I do not understand you. 1082 01:21:14,180 --> 01:21:22,180 Okay, we need to have a meeting to consider what the tweaks might be based on what 1083 01:21:22,180 --> 01:21:28,180 the concerns they raise were and then have them back and say these are what we're 1084 01:21:28,180 --> 01:21:32,180 recommending and here's what we're doing it and we would like to hear what you 1085 01:21:32,180 --> 01:21:33,180 have to say about it. 1086 01:21:33,180 --> 01:21:36,180 Okay, so are you recommending that we're doing the tweaks in one meeting and 1087 01:21:36,180 --> 01:21:38,180 then invite them to the next meeting? 1088 01:21:38,180 --> 01:21:42,180 And that is exactly what I said is where I disagree. 1089 01:21:42,180 --> 01:21:44,180 Okay. 1090 01:21:44,180 --> 01:21:53,180 Because my statement was that I feel that they should hear and see the work that 1091 01:21:53,180 --> 01:21:59,180 is put in rather than just giving them a presentation. 1092 01:21:59,180 --> 01:22:00,180 Okay. 1093 01:22:00,180 --> 01:22:08,180 Because I do not know what a meeting would look like if we're presenting them 1094 01:22:08,180 --> 01:22:13,180 upfront outside of a work session in our meeting with the tweaks that we're 1095 01:22:13,180 --> 01:22:14,180 making. 1096 01:22:14,180 --> 01:22:17,180 Is there room for conversation in that? 1097 01:22:17,180 --> 01:22:24,180 Does any city council member automatically get the right to speak in our meetings? 1098 01:22:24,180 --> 01:22:26,180 No. 1099 01:22:26,180 --> 01:22:28,180 They're not, right? 1100 01:22:28,180 --> 01:22:35,180 My understanding is that unless we have a joint meeting, they are basically 1101 01:22:35,180 --> 01:22:38,180 attending as a revenue. 1102 01:22:38,180 --> 01:22:42,180 And that was my understanding and that is what I was working under. 1103 01:22:42,180 --> 01:22:48,180 But if they attend as a quorum, then it will need to be a joint meeting. 1104 01:22:48,180 --> 01:22:53,180 And the questions arise about chairs that meeting. 1105 01:22:53,180 --> 01:22:57,180 But so I don't have the answer to that question. 1106 01:22:57,180 --> 01:23:01,180 I think that would have to be worked out in an agreement. 1107 01:23:01,180 --> 01:23:06,180 Would you figure out as we're starting the tweaking process, what would that 1108 01:23:06,180 --> 01:23:07,180 look like? 1109 01:23:07,180 --> 01:23:11,180 We've had city council members come to this meeting before. 1110 01:23:11,180 --> 01:23:15,180 Council Member Holland came somewhat recently. 1111 01:23:15,180 --> 01:23:18,180 And there's nothing wrong with them coming individually. 1112 01:23:18,180 --> 01:23:21,180 This meeting is streamed online and recorded. 1113 01:23:21,180 --> 01:23:27,180 So those are options that you'll have for recommending that they observe how you 1114 01:23:27,180 --> 01:23:32,180 deal with that business and what you'll do without running into the issue of 1115 01:23:32,180 --> 01:23:38,180 asking them to accidentally have a quorum. 1116 01:23:38,180 --> 01:23:39,180 Okay. 1117 01:23:39,180 --> 01:23:41,180 The state is very -- 1118 01:23:41,180 --> 01:23:44,180 So then in that case, thank you for that clarification. 1119 01:23:44,180 --> 01:23:53,180 In that case, can we send an official notification or something that we would 1120 01:23:53,180 --> 01:23:59,180 request for them to please either attend or watch online what we're doing? 1121 01:23:59,180 --> 01:24:04,180 If more than four -- I think their quorum limit is four. 1122 01:24:04,180 --> 01:24:09,180 So if four or more attend, then that is technically a city council meeting. 1123 01:24:09,180 --> 01:24:18,180 And that's where we run into the issues. 1124 01:24:18,180 --> 01:24:19,180 Right. 1125 01:24:19,180 --> 01:24:20,180 That's true. 1126 01:24:20,180 --> 01:24:26,180 We can -- I don't know all the options without talking to the city secretary's 1127 01:24:26,180 --> 01:24:28,180 office and the city attorney's office. 1128 01:24:28,180 --> 01:24:32,180 We can certainly send them a letter asking them to attend, but we would have 1129 01:24:32,180 --> 01:24:36,180 to be very careful about quorum issues. 1130 01:24:36,180 --> 01:24:43,180 And I don't know how to get around that apart from asking them to let me know 1131 01:24:43,180 --> 01:24:47,180 or we could post a potential for a quorum. 1132 01:24:47,180 --> 01:24:53,180 They wouldn't -- if we did that and they all showed up, we'd have to say, like, 1133 01:24:53,180 --> 01:24:55,180 they can't talk maybe? 1134 01:24:55,180 --> 01:24:56,180 I don't know. 1135 01:24:56,180 --> 01:24:57,180 I think there's a lot of -- 1136 01:24:57,180 --> 01:25:00,180 That's where we get into the problems. 1137 01:25:00,180 --> 01:25:03,180 Well, but problems are there to be solved. 1138 01:25:03,180 --> 01:25:04,180 I mean, I'm sorry. 1139 01:25:04,180 --> 01:25:05,180 That is my goal. 1140 01:25:05,180 --> 01:25:07,180 That is what I do every day. 1141 01:25:07,180 --> 01:25:08,180 Problems are there to be solved. 1142 01:25:08,180 --> 01:25:12,180 If we want to move forward and if we want to be strategic about what we're doing 1143 01:25:12,180 --> 01:25:17,180 so that we can actually make an impact, then we're going to have to be at 1144 01:25:17,180 --> 01:25:21,180 sometimes trying to figure out how to address something that does not have 1145 01:25:21,180 --> 01:25:28,180 an easy solution at this moment, and we also need to be a little bit more 1146 01:25:28,180 --> 01:25:32,180 putting our foot forward in other ways, because right now we are very passive 1147 01:25:32,180 --> 01:25:37,180 in our goal and we are very -- and this is where we're at. 1148 01:25:37,180 --> 01:25:38,180 We're spinning our wheels. 1149 01:25:38,180 --> 01:25:43,180 And so I'm sorry if that sounds controversial, but at the same time, 1150 01:25:43,180 --> 01:25:48,180 if we want to solve a problem, then we need to take the steps to do that. 1151 01:25:48,180 --> 01:25:53,180 I like the idea of having a meeting where we come up -- I would like to look at 1152 01:25:53,180 --> 01:25:58,180 those two sections where we propose changes and decide -- because obviously 1153 01:25:58,180 --> 01:26:02,180 they're going to look at the whole sections -- is there further tweaking on 1154 01:26:02,180 --> 01:26:09,180 these two sections, and then we would have it ready to vote on, I guess, 1155 01:26:09,180 --> 01:26:10,180 the following session. 1156 01:26:10,180 --> 01:26:16,180 At that point, that's when I'd like to figure out how we involve counsel. 1157 01:26:16,180 --> 01:26:21,180 We wouldn't have made the final decision, but we would have talked a bit about 1158 01:26:21,180 --> 01:26:23,180 where we think that needs to go. 1159 01:26:23,180 --> 01:26:27,180 So I'm not trying to leave them out, but I'm also not trying to get ourselves 1160 01:26:27,180 --> 01:26:30,180 in trouble, or the counsel. 1161 01:26:30,180 --> 01:26:32,180 So we want to follow this. 1162 01:26:32,180 --> 01:26:33,180 That is not my intent. 1163 01:26:33,180 --> 01:26:34,180 Yeah, no, I know. 1164 01:26:34,180 --> 01:26:37,180 My intent is to educate, and for them to actually get a sense of what we're 1165 01:26:37,180 --> 01:26:38,180 doing. 1166 01:26:38,180 --> 01:26:39,180 Andrea, I did not hear it that way. 1167 01:26:39,180 --> 01:26:45,180 I just -- I think -- but I do like the idea of having some way to have 1168 01:26:45,180 --> 01:26:50,180 discussions, and I think we just need next time to think about how we're 1169 01:26:50,180 --> 01:26:51,180 going to do this. 1170 01:26:51,180 --> 01:26:56,180 So -- but if we are just working on the beginning of the tweaking and going 1171 01:26:56,180 --> 01:27:03,180 through the concerns, then I think we would just be saying, here's what we're 1172 01:27:03,180 --> 01:27:07,180 looking at, and we wouldn't have voted by then, because we would have just 1173 01:27:07,180 --> 01:27:11,180 said, this is where we're thinking. 1174 01:27:11,180 --> 01:27:17,180 Well, that part doesn't matter to me, if we have voted on it or not. 1175 01:27:17,180 --> 01:27:22,180 Because really -- and here's -- I mean, that is -- I'm an educator, and if it 1176 01:27:22,180 --> 01:27:28,180 takes us educating the city council of what we're doing by them, by ensuring 1177 01:27:28,180 --> 01:27:32,180 that they're actually watching what we're doing, then that's called modeling. 1178 01:27:32,180 --> 01:27:33,180 I think that's great. 1179 01:27:33,180 --> 01:27:34,180 I know. 1180 01:27:34,180 --> 01:27:36,180 So that is the way we're proposing this. 1181 01:27:36,180 --> 01:27:37,180 Yes. 1182 01:27:37,180 --> 01:27:38,180 Okay. 1183 01:27:38,180 --> 01:27:39,180 So let's go with that path. 1184 01:27:39,180 --> 01:27:40,180 Okay. 1185 01:27:40,180 --> 01:27:46,180 So my understanding of the direction for next meeting is look at the 1186 01:27:46,180 --> 01:27:52,180 feedback, specific feedback from the council meeting to try to incorporate it 1187 01:27:52,180 --> 01:27:56,180 into any revisions that you would like to make. 1188 01:27:56,180 --> 01:28:01,180 Have -- discuss options for a consultant, potentially, and then also discuss 1189 01:28:01,180 --> 01:28:07,180 options for how to engage the council on future revisions for August 5th. 1190 01:28:07,180 --> 01:28:09,180 Everybody feel the same? 1191 01:28:09,180 --> 01:28:11,180 Yes. 1192 01:28:11,180 --> 01:28:14,180 Thank you very much, all of you, for your discussion. 1193 01:28:16,180 --> 01:28:17,180 I appreciate it. 1194 01:28:17,180 --> 01:28:29,180 So it is now 6.58 p.m., and this meeting is adjourned. 1195 01:28:29,180 --> 01:28:30,180 Move to adjourn? 1196 01:28:30,180 --> 01:28:31,180 Yes. 1197 01:28:31,180 --> 01:28:32,180 Okay.